Attorney Blog

Assurant Insurance (formerly Fortis Insurance) Pays Dearly For Misconduct

twp@pleasantlaw.com (Blog Author)26011 — Mon, 01 Feb 2010 08:00:00 EST

A huge verdict (reported here) against Assurance Insurance paints the picture of an all to familar problem with insurance companies. This practice is called "post-claim underwriting" and is used by insurance companies (apparently including Assurant, a health insurance company) to deny claims by pointing to "misrepresentations" on the insurance application, but only after a claim is made. Arguably, the insurance company doing this is happy to accept premium after premium from an insurance policyholder, but then digs in and looks for even the slightest innacuracy once a claim is made. This is clearly an unfair practice, and insurance companies should not be allowed to get away with it, as this jury's verdict makes clear. Seek help from an insurance lawyer if you are having problems with Assurant health insurance or any other insurance company. I am happy to help, and do free consultations in most insurance matters. Whether your problem is health insurance, life insurance, long-term disability insurance (companies like Unum Provident, John Hancock, CIGNA, The Hartford), credit disability insurance, propery or homeowner insurance (Allstate, State Farm, Nationwide), cancer insurance (American Heritage, Allstate Insurance), long term care insurance, or any other insurance policy, you can call me: Thomas W. Pleasant, North Carolina Insurance Attorney, 910.509.7106 / Toll Free: 888-435-7156.

Buying Disability Insurance Article May Help Avoid Problems With Unfair Disability Insurance Claim Denials

twp@pleasantlaw.com (Blog Author)25393 — Thu, 21 Jan 2010 08:00:00 EST

This WSJ Article could be useful to people buying long term disability insurance or short term disability insurance, and perhaps other types of insurance. If you are shopping for insurance from Unum Insurance, John Hancock Insurance, Provident Life Insurance, The Hartford Insurance, or CIGNA Insurance, check this out first. If you are already having an insurance problem with a long term disability insurance policy claim, this article may be too late to help. If you are having an insurance claim problem, though, you should contact an attorney who handles insurance lawsuits. I generally offer free consultations to people having trouble with their insurance companies. The Law Offices of Thomas Waitt Pleasant, PLLC, 910.509.7106 or 888.435.7156 (Toll Free).

Medical Malpractice Myth - Tom Baker's Book

twp@pleasantlaw.com (Blog Author)25203 — Mon, 18 Jan 2010 08:00:00 EST

The Medical Malpractice Myth by Tom Baker debunks the myth that medical malpractice lawsuits are the cause of problems in health care. The book's thesis pertains to all kinds of medical malpractice: birth injury, labor and delivery problems, surgery injuries, and wrongful death from failures to diagnose health conditions. This is a must-read for anyone who wants the objective truth about what is going on in our healthcare system today. Tom Baker concludes, based on clearly objective evidence, that what we truly have is a medical malpractice crisis, not a medical malpractice lawsuit crisis.

Golden Living Centers in North Carolina and elsewhere - are the alleged problems in this nursing chain over?

twp@pleasantlaw.com (Blog Author)25198 — Mon, 18 Jan 2010 08:00:00 EST

This blog report on Golden Living Centers (the former Beverly Enterprises nursing home chain, I believe) focuses on the false claims act litigation filed in the state of MS. Golden Living Centers operates several nursing homes in North Carolina. I am not sure whether the MS litigation has anything to do with the North Carolina nursing homes, but chances are the same practices, if they exist at Golden Living in MS, exist/existed in North Carolina. If you or someone you love has been the victim of nursing home abuse, neglect, injury or wrongful death at any nursing home chain (Britthaven, Sunbridge, Golden Living, Laurel Health, etc.) you should contact an attorney for help. By Thomas Pleasant, 888.435.7156 / 910.509.7106.

Unum Insurance, Provident Life Insurance, Paul Revere Insurance - Regulatory Settlement Details, etc.

twp@pleasantlaw.com (Blog Author)25197 — Mon, 18 Jan 2010 08:00:00 EST

By Thomas Pleasant, North Carolina Insurance Attorney. 910.509.7106. In November 2004 Unum entered into a regulatory settlement agreement with the U.S. Dept. of Labor. (Details of the Settlement Here). This settlement relates to this insurance company's widespread bad and unfair insurance claims practices. As part of this insurance claims practices settlement, Unum Insurance was required to obtain independent medical evaluations in "appropriate situations" and "fairly interpret" the results. The question is whether long term disability insurers like Unum Insurance, Provident Life and Accident Insurance, Paul Revere Insurance, John Hancock Insurance, The Hartford Insurance, CIGNA Insurance, and others are truly fairly interpreting medical examinations when its policyholders' disability benefits are being questioned. This article reports that Unum is in compliance. If your disability benefits are being cut or denied, consider contacting an attorney with experience with Unum Insurance and other insurance companies.

Independent Insurance Adjusters - Help With Insurance Claim Problems

twp@pleasantlaw.com (Blog Author)24561 — Wed, 06 Jan 2010 08:00:00 EST

Independent insurance adjusters like the one in this Link can sometimes be helpful in resolving insurance disputes. I don't know this particular company, but I have used independent adjusters on a couple of different cases where I was helping someone who was having a problem with an insurance claim, and I was quite pleased with the results. This is primarily something an insurance policyholder should consider when there is a property insurance claim denial, or an unfair offer to settle a property damage claim. If you have a homeowner's insurance claim problem with any insurance company (Nationwide Insurance, State Farm Insurance, Allstate Insurance, etc.), you could consider contacting such a "public adjuster." My personal opinion is that if you have an insurance claim problem, you should first contact an insurance attorney who helps people with insurance claims. A good lawyer will help you determine what the best course of action is from that point, and may or may not direct you to the services of a public insurance adjuster.

Nursing Home Transparency Bill Passes

twp@pleasantlaw.com (Blog Author)23911 — Thu, 24 Dec 2009 08:00:00 EST

The National Citizens' Coalition for Nursing Home Reform Website Reports that a proposed law requiring more transparency from nursing homes and nursing home chains made it through the House of Representatives along with its recent vote to pass health care reform. This is a much needed law. It is routine for nursing home lawsuits to include many defendants due to the complex web of companies many nursing home chains use in order to attempt to avoid liability for injury and wrongful death to nursing home residents. This proposed law is designed to make it more clear who exactly is running the nursing home. Nursing home lawsuits are generally much more complicated than medical malpractice lawsuits in this regard (i.e., who to sue, who really is responsible, etc.). For the sake of nursing home abuse and neglect victims everywhere, let's hope this bill passes as part of any health care reform bill ultimately passed. For more information about lawsuits on behalf of people hurt in nursing homes or assisted living facilities, including in North Carolina, contact The Law Offices of Thomas Waitt Pleasant, Toll Free 888.435.7156 or 910.509.7106.

Insurance Bad Faith Claims on Wikipedia

twp@pleasantlaw.com (Blog Author)23910 — Thu, 24 Dec 2009 08:00:00 EST

There is a decent Wikipedia article about insurance bad faith claims. People with insurance claims denied by an insurance company, and who are considering hiring a lawyer or taking legal action through an insurance attorney might find this article interesting as a starting point for understanding what insurance bad faith lawsuits and/or unfair insurance claims practices lawsuits are all about. Whether your problem is with Allstate Insurance, Nationwide Insurance, State Farm Insurance, Unum Insurance, Progressive Insurance, Farmers Insurance, GEICO Insurance, or any other insurance company, this article may help. I also do free consultations in most insurance cases. The Law Offices of Thomas Waitt Pleasant, Toll Free at 888.435.7156.

Long Term Disability Insurance Benefits Denied Unjustly?

twp@pleasantlaw.com (Blog Author)23274 — Sat, 12 Dec 2009 08:00:00 EST

By Thomas W. Pleasant, North Carolina Insurance Attorney. 888.435.7156 | 910.509.7106. I had a call from a potential client the other day. This person had worked in healthcare for many years, and developed back problems. She subjected herself to orthopedic surgery in order to try to solve the problem so that she could keep working. The surgery made things worth (possibly due to medical malpractice, but that's another story). She made a legitimate claim on her Liberty Mutual disability insurance policy, provided through her employer. For the first two years (the period where the insurance benefit is paid regardless of whether you can do any other job -- as long as you cannot do the job you were doing at the time of your disability), Liberty Mutual paid, and held up its end of the bargain. As soon as the two years expired, the aggressive attempt to unfairly terminate this person's disability insurance started. Unfair evaluations by insurance company doctors, etc. Despite that this person spends 75% or more of the time unable to do anything, the insurance company has determined that this person can do "sedentary" type work. The claims handling in this case is almost certainly in bad faith and unfair, but the insurance policy is probably governed by ERISA (a federal statute) simply because it was provided through an employer. This means, effectively, that this person will have no remedy in state courts (i.e., inability to pursue state remedies for unfair claims practices/unfair and deceptive trade practices, bad faith, etc.). If most people understood what ERISA does to their rights as to their insurance companies and claims, they would be completely outraged. Every person to whom I have explained how ERISA guts their ability to get justice in cases like this is totally dumbfounded. There are some other stories of complaints against Liberty Mutual regarding disability insurance at this consumeraffairs.org website.

McKinsey Insurance Claims Documents: Allstate Insurance's "Zero Sum" game?

twp@pleasantlaw.com (Blog Author)22325 — Tue, 24 Nov 2009 08:00:00 EST

This NegotiationLawBlog link is a bit dated, but contains some interesting links and information related to Allstate's infamous "McKinsey Documents." Recall that this situation arose due to McKinsey's consulting program with Allstate Insurance, whereby Allstate designed what some claim to be an unfair insurance claims handling system. Anecdotally, it's my understanding that many other insurance companies were influenced by McKinsey's insurance claims handling consulting program, either directly or indirectly. People having insurance problems with any insurance company, including Allstate and others (Liberty Mutual Insurance, State Farm Insurance, etc.). The McKinsey program did not (in my understanding) have anything to do with disability insurance claims (claims which could arise with companies like The Hartford insurance, Unum / Unum Provident, John Hancock, etc.).

Hartford Insurance Story on ABC: Bad Faith/Unfair Insurance Claims Practices? You decide...

twp@pleasantlaw.com (Blog Author)21730 — Fri, 13 Nov 2009 08:00:00 EST

By Thomas Pleasant, North Carolina Insurance attorney. I ran across this informative video regarding Hartford Insurance practices in cutting disability insurance benefits to what appear to be deserving disabled clients. This happens more often than people might think. Sure looks to me like unfair insurance claims practices. If you are having a problem with an insurance company involving an insurance claim, contact my office. I do free consultations on most insurance bad faith and insurance unfair claims practices cases. Whether you are having a problem with Allstate Insurance, State Farm Insurance, Farmers Insurance, Unum Providence Insurance, or The Hartford; I may be able to help you. Cal Toll Free, 888-435-7156.

Medical Malpractice Insurers Faked Lawsuit Crisis

twp@pleasantlaw.com (Blog Author)19590 — Tue, 06 Oct 2009 08:00:00 EST

Medical Malpractice insurance companies falsely generated a "medical malpractice lawsuit crisis" in order to help secure legislative protections to protect those profits, according to a report on businessinsurance.com. Medical malpractice insurance companies provide insurance to cover medical negligence claims made in cases where doctors, surgeons, hospitals, nurses, and other healthcare providers are accused with harming patients through negligence, recklessness, carelessness, etc. Hopefully this report will make its way to the general public in a widespead sort of way. People need to understand the cynicism in the insurance industry. People seem so quick to give up their rights in favor of the giant insurance companies and other huge corporations. Think twice. Victims of medical mistakes need to have the right to fair compensation for their injuries. Clearly, the insurance industry cares only about its bottom line; and will -- if this report is accurate -- go to all measures (including dishonesty) to preserve their huge goldmine of profits.

Medical Malpractice and Tort Reform: AAJ Primer

twp@pleasantlaw.com (Blog Author)18783 — Tue, 22 Sep 2009 08:00:00 EST

The American Association for Justice released a Medical Negligence Primer recently, an appropriate response to the propaganda being shoveled out by the insurance and health corporate lobbies. The publication does a good job debunking the myths that medical malpractice lawsuits are out of control, along with other issues commonly twisted by those who seek special protection. Recently, I heard AAJ's immediate past president point out that what this medical malpractice lawsuit reform movement really seeks to do is set doctors and other healthcare providers apart from the rest of us. I have never heard lawyers suggest that they should be allowed to have special immunities from lawsuits in the event that they commit malpractice. What about engineers, architects and contractors? This is just one of the issues, but I thought the point was well made. People who have been hurt or killed by the negligence (meaning lack of appropriate due care, essentially) of health care providers (doctors, nurses, hospitals, etc.) whould have redress in our court system. The Seventh Amendment to our constutition provides the right to a trial by jury for all citizens; and we are seeing an erosion of this right.

Fight Bad Faith Insurance Companies Website

twp@pleasantlaw.com (Blog Author)17793 — Tue, 01 Sep 2009 08:00:00 EST

This website, Fight Bad Faith Insurance Companies (FBIC) has some decent information about insurance companies the site claims engage in unfair insurance claims practices. The site's "Hall of Shame" top 3 include The Hartford insurance, State Farm insurance, and Allstate insurance. I am not sure who runs this site, but perhaps it will help someone avoid finding him or herself in a bad insurance claim situation. North Carolina has some fairly strong insurance bad faith and unfair claims practices law, so if you find yourself having a problem (denied insurance claim, etc.), you might want to consult an attorney who handles insurance law. My office handles these and provides a free consultation in most insurance claim cases. The Law Offices of Thomas Waitt Pleasant, PLLC | Toll Free: 888-435-7156 | Wilmington, NC | Fayetteville NC.

Would Tort or Medical Malpractice Lawsuit Reform Lower Health Care Costs?

twp@pleasantlaw.com (Blog Author)17790 — Tue, 01 Sep 2009 08:00:00 EST

A recent NY Times article on medical malpractice lawsuit reform sets out some interesting points about why limiting the rights of victims of medical negligence is not an answer to the heatlhcare cost crisis. In a nutshell, medical malpractice lawsuit costs are only a tiny sliver of the total costs of our healthcare system in this country. This whole debate is so politicized, and many are looking past the reality that there are legitimate medical malpractice cases, and there are people who have been hurt by doctors, hospitals, nurses, and nursing homes who need help. Help with future medical care, for example. There are vicitms who have been harmed by a physician's failure to diagnose a serious disease, where simple tests and follow-ups were not scheduled/ordered. There are wrong-site surgeries, botched surgeries by doctors who are careless and in a hurry because of the presures placed on them because of the money pressures of the modern insurance-driven medical practice. There are hospitals failing to provide even the most basic labor and delivery crisis management training for residents, so that they are prepared when the rare, but inevitable, crisis arises. In any event, the article is worth reading.

Nursing Home Abuse: Accountability and Transparency

twp@pleasantlaw.com (Blog Author)16221 — Sat, 01 Aug 2009 08:00:00 EST

This article from The Frederick News-Post Online lays out some of the concerns about nursing home transparency and accountability. When nursing home and health care become such big business, executives and decision-makers who control budgets become removed from what is happening on the "front lines" in the actual nursing home. There seems to be an insulation from those realities, including what it takes to actually care for residents appropriately; and the focus tends to be on profit and the "bottom line" for the nursing home facilities. When nursing homes set up complicated schemes to avoid liability, the patients, and society, suffer. Accountability is important to Americans, and the nursing home should be no less accountable to those it harms through negligence than are regular people when they are negligent.

CNA Treatment Surely Affects Patient Care In Nursing Homes

twp@pleasantlaw.com (Blog Author)14350 — Fri, 26 Jun 2009 08:00:00 EST

The National Nursing Assistant Survey: Improving the Evidence Base for Policy Initiatives to Strengthen the Certified Nursing Assistant Workforce summarizes conditions for nursing home Certified Nursing Assistants, or CNA's. Greater than fifty percent received at least one work-related injury during 2008, and roughly sixteen percent don't have any health insurance coverage, mostly because of the high cost. More than thirty three percent of CNA's are getting some form of government or public assistance, like food stamps or rental subsidies. Their median pay per hour is $10.04. They provide 8 out of every 10 hours of resident care. It's no wonder many nursing home patients get bad care and get hurt or killed in nursing homes.

Americans for Insurance Reform Articles on Medical Malpractice

twp@pleasantlaw.com (Blog Author)12325 — Fri, 22 May 2009 08:00:00 EST

I recently ran accross the website for the Americans for Insurance Reform, which deals in part with medical malpractice issues. A particular section of the site has some interesting "fact sheets" dealing with medical negligence issues.

Britthaven Nursing Homes: On the Watch List?

twp@pleasantlaw.com (Blog Author)11994 — Thu, 14 May 2009 08:00:00 EST

By Thomas Waitt Pleasant, Nursing Home and Medical Negligence Attorney In North Carolina. Toll Free 888.435.7156. This nursing home abuse blog entry references a Britthaven nursing home (outside North Carolina) that is (or was) on the government "watch list" in Kentucky. Britthaven operates nursing homes in North Carolina, Virginia and Kentucky. This nursing home abuse blog has some other interesting information about some other nursing home chains, and other nursing home abuse information for families who are dealing with nursing home abuse, nursing home neglect, nursing home injury and/or nursing home wrongful death.

Sava Senior Care (Brian Center Nursing Homes) Article: Nursing Homes Operating Without Insurance

twp@pleasantlaw.com (Blog Author)11978 — Thu, 14 May 2009 08:00:00 EST

By Thomas Waitt Pleasant, North Carolina Nursing Home Laywer (Raleigh, Wilmington, Fayetteville). Toll Free 888.435.7156. This article from a major metropolitan newspaper details a lawsuit filed against Sava Senior Care, a large operator of nursing homes, including many nursing homes in North Carolina. It is my understanding that Sava Senior Care owns many (if not all) of the nursing homes operating under the Brian Center name. The lawsuit accuses Sava Senior Care nursing homes of operating without the insurance required. This insurance requirement does not, unfortunately, apply to North Carolina nursing homes. This creates a huge problem. Just as the law requires automobile owners to carry motor vehicle insurance to provide compensation to those injured by the neglgence of other drivers, nursing homes should be required to do the same with liability insurance for those instances where nursing home residents are wrongfully killed or injured by nursing home abuse or neglgect. Attempts to avoid liability by not carrying insurance go hand in hand with a common nursing home chain ploy to hide money and property so that judgments cannot be collected. Another article details allegations from a lawsuit several years ago about how certain nursing home chains improperly and fraudulently transferred assets to Sava Senior Care. If you or someone you know has been hurt by a nursing home, consider having your case evaluated by a lawyer who handles nursing home abuse, injury and wrongful death claims.

Health Care Reform and Medical Liability Reform: The President Needs Doctor Support...What's the Outcome?

twp@pleasantlaw.com (Blog Author)11919 — Wed, 13 May 2009 08:00:00 EST

The Law Offices of Thomas Waitt Pleasant, PLLC (Medical Errors, Medical Mistakes and Medical Malpractice in North Carolina). A large metropolitan online newspaper reports in a recent article on the President's push for healthcare reform. An interesting point the article makes is that the President will need the support of the heatlhcare industry (doctors, hospitals, and other health care providers) in order to get health care and medical costs down so that the plan to provide insurance coverage to all Americans can work. This means that the medical industry may have more leverage over the content and effect of any health care reform package, since their cooperation is necessary for the passage of such reform. This article focuses pretty heavily on the issue from the side of the medical profession, and includes more opinions and information from the American Medical Association. Only a small "blip" is included from the perspective of trial lawyers, who represent the victims of medical negligence. Doctors say they have to practice "defensive medicine" due to the threat of medical malpractice lawsuits; but in my opinion, either you need the test or you don't. If the standard of care requires the medical test, then the medical test should get done. If the standard of care does not require it, then there is no negligence and no concern over a medical malpractice suit. Lawyers who represent the victims of medical mistakes and errors in North Carolina already have rigorous pre-suit requirements for having doctors review the care involved, so that before a medical lawsuit is filed, that doctor has already determined that the standard of care was not met. This is clearly a highly political issue, and not easily decipherable by the general public. It will be interesting to see what the President does with this. So far, North Carolina has avoided any significant medical negligence or other tort reform such as caps on pain and suffering damages. Regardless, if you have been the victim of a surgery error, failure to diagnose type error, serious infection (MRSA, etc.) caused by the negligence of health care providers, you may wish to consult with an attorney in order to determine whether you have the grounds for taking legal action. Read more at my Medical Malpractice page on my website. My office generally provides free consultations and evaluations for North Carolina medical malpractice claims. The Law Offices of Thomas Waitt Pleasant, PLLC. Toll Free 888.435.7156.

Where Have All The Doctor's Gone? Medical Malpractice Concerns Are Not The Culprit

twp@pleasantlaw.com (Blog Author)11700 — Thu, 07 May 2009 08:00:00 EST

This is an interesting Slate article dealing with the causes of doctors and physicians migrating. The tort reform mantra is that doctors leave certain states because of medical negligence lawsuit abuse and the effect of medical malpractice cases on their malpractice liability insurance premiums. There is another possibility, though: doctors are retirning. The demographics of doctors from the baby-boom generation are coming home to roost, apparently.

Does the Nursing Home Have Enough Staff? Some Helpful Criteria

twp@pleasantlaw.com (Blog Author)11605 — Mon, 04 May 2009 08:00:00 EST

By Thomas Waitt Pleasant, Lawyer Handling Nursing Home Cases in North Carolina. Toll Free 888.435.7156. Here are some quick criteria (Adapted from the National Citizens Coalition for Nursing Home Reform's "A Consumer's Guide to Choosing a Nursing Home." It can be used to determine whether a nursing home has adequate staff. Adequate staffing is critical to proper healthcare for the elderly nursing home resident. Understaffing can lead to all kinds of problems, including pressure sores, malnutrition and infections. To avoid ever having to deal with the prospect of a medical malpractice lawsuit, family members should consider these things before deciding which nursing home might be right for their loved one:

1. Do staff respond quickly to call lights or calls for help?
2. Have staff worked there long enough to call the nursing home residents by name?
3. Is the interaction between staff and the nursing home residents pleasant and respectful?
4. Are the same nursing home staff available every week?
5. Is there enough nursing home staff to assist each the nursing home resident who requires help with eating without rushing any resident?
6. Are the nursing home residents helped and encouraged to drink at mealtimes?
7. Are the nursing home residents up and groomed daily?
8. Are the nursing home residents helped to move, walk, and use wheelchairs, walkers, and canes?
9. Does the nursing home look and smell clean?
10. Do the nursing home residents seem relaxed and generally content?
11. Does the nursing home staff spend time talking to the nursing home residents?

If you need assistance with a nursing home problem in North Carolina, contact my office. We offer a free initial consultation for nursing home cases. We handle nursing home abuse, nursing home injury, nursing home wrongful death, and other medical negligence and medical mistake cases throughout North Carolina, and have convenient meeting locations in Raleigh, Wilmington and Fayetteville, North Carolina. Toll Free 888.435.7156.

Wound Ostomy Article: Reducing Pressure Ulcers in Long Term Care (Including Nursing Homes)

twp@pleasantlaw.com (Blog Author)11522 — Sat, 02 May 2009 08:00:00 EST

By Thomas Waitt Pleasant, Nursing Home Lawyer In North Carolina (Raleigh, Wilmington, Fayetteville) Toll Free 888.435.7156.. Here is a link to a recent article relating studies on the reduction of pressure ulcers (or pressure sores) in nursing homes and other long-term care settings. Pressure sores seem to show up in many nursing home abuse and neglect cases. In my North Carolina nursing home injury and wrongful death law practice, pressure sores are frequently an issue that has to be dealt with. Often pressure sores become infected if not treated properly, and the infection can enter the blood stream and lead to sepsis, and even death. The worst pressure sores can be gruesome, exposing deep layers of muscle, and even bone. If you suspect your loved one who is in a nursing home has a pressure sore, or may have died from a pressure sore. you might consider seeking legal advice.

Insurance Claim Payment Delays: Are They Unfair?

twp@pleasantlaw.com (Blog Author)11268 — Fri, 24 Apr 2009 08:00:00 EST

By Thomas Waitt Pleasant, North Carolina Insurance Lawyer, Toll Free 888.435.7156. Whether an insurance company's delay in payment on an insurance claim (whether for homeowner/fire insurance, health insurance, disability insurance, or other insurance), may or may not be in bad faith. It depends upon the circumstances and reasons for the delay. An article from Risk & Insurance Online discusses this topic. I recently handled a case involving a six-month delay in the denial of a homeowner's insurance payment, after his home burned in a fire. The insurance company in that case did not even take a position in writing before jumping out and suing my client in federal court. It took several months of litigation maneuvering to get the court to allow my client to assert insurance bad faith and unfair claims practices claims; but once this was accomplished, the insurance company ended up paying a substantial settlement to my client. In that case, there was (in my opinion) no excuse for denying the insurance coverage at all, much less delaying the denial decision for approximately six months. There are more details to the story of this case, of course, but the bottom line is that insurance companies must have a legitimate, solid reason for delaying the payment of an insurance claim on an insurance policy; lest it will risk liability for insurance bad faith and/or unfair insurance claims practices. All insurance companies are subject to the laws protecting consumers from bad insurance claims handling practices. Just because your insurance company is a big insurance company, you should not necessarily be sure that bad faith delays won't happen to you. Whether your company is State Farm, Nationwide, Liberty Mutual, Unum, USAA, GEICO, Allstate, Prudential, or any other large insurance company, the same obligations are owed to you as a policyholder. If you are having trouble with your insurance company paying what it owes you, contact my office for a free case consultation/evaluation. Toll Free 888.435.7156.

CMS "Never Events" Provide Some Insight For Those Hurt by Nursing Homes, Hospitals, Doctors

twp@pleasantlaw.com (Blog Author)11263 — Fri, 24 Apr 2009 08:00:00 EST

By Thomas Waitt Pleasant, North Carolina Injury and Wrongful Death Attorney. Toll Free 888.435.7156. CMS (Medicare) reimburses a huge portion of the cost of medical care for this nation's senior citizens and elderly, including medical care given by doctors/physicians, nursing homes, and hospitals. CMS has a list of what are known as "never events" for which it will not reimburse doctors, hospitals, and other healthcare providers. In other words, the cost to pay for the healthcare associated with a "never event" will not be reimbursed to that particular doctor, hospital or other healthcare provider. The list of "never events" provides some insight into whether a nursing home injury (or wrongful death) was the result of bad care. A recent article provides a quick list of these events, which include some things that pop up in many nursing home cases. For example, pressure ulcers or "pressure sores," catheter-associated urinary tract infections; and hospital-acquired injuries such as fractures, dislocations, and intracranial injuries. CMS considers these to be preventable/avoidable injuries, generally speaking. Although it is not clear that these "never events" apply to nursing homes specifically, this article is a good, quick read for families considering placing a loved one in a nursing home, so that these "red flags" are known. If nothing else, they may help those under the care of physicians, nurses, doctors, hospitals and other caregivers. If you have a loved one who has already experienced bad care, injury, abuse or neglect in a nursing home or hospital, feel free to contact my office. We generally provide a free consultation/evaluation for nursing home and medical negligence cases. Call Toll Free, 888.435.7156.

Nursing Home Transparency Act Reintroduced

twp@pleasantlaw.com (Blog Author)11069 — Sat, 18 Apr 2009 08:00:00 EST

By Thomas Waitt Pleasant, Nursing Home Abuse Attorney in North Carolina. Toll Free 888.435.7156. NCCNR, a key citizens' advocacy group for patient rights in nursing homes, recently added a press release regarding the nursing home transparency bill to its website. This document will give you a pretty good summary of what that nursing home bill is all about. I have blogged a little about this bill in the past. This bill is fair, and important to regular people. It helps preserve people's right to justice in our courts. Nursing homes have almost overwhelmingly adopted an organizational structure that makes it difficult to determine who is actually running the nurisng home, and difficult to collect rightfully-won court judgments due to the "siphoning" of funds from the actual licensed facility. This proplsed law would cut though some of the "smoke and mirrors" used by many nursing homes in their attempt to avoid legitimate court judgments and liability. Nursing home cases are not just medical cases -- they typically involve more complicated business/corporate issues. If you or someone you love has been hurt or killed in a nursing home or assisted living facility, you should find an attorney who understands these corporate issues. My office provides free consultations in nursing home injury, abuse, neglect, and wrongful death cases. Call Toll Free 888.435.7156 to speak with a firm representative. We handle nursing home cases anywhere in North Carolina, and have locations in Raleigh, Wilmington and Fayetteville.

Would Your Insurance Company Sue You? It Can and Does Happen.

twp@pleasantlaw.com (Blog Author)11068 — Sat, 18 Apr 2009 08:00:00 EST

By Thomas Waitt Pleasant, North Carolina Unfair Insurance Colaims Practices Attorney. Toll Free 888.435.7156. Attorneys are seeing an increase in the insurance claim tactic by insurance companies whereby they simply sue their own insured/policyholder, rather than just deny the claim. This is a particularly abusive and unfair tactic in my mind. This is not necessarily a new insurance company tactic, but it seems to be on the increase by a number of big-name insurance companies. Technically, the insurance company may have the legal right to do this under most states' declaratory judgment laws, but the technical right to handle an insurance claim this way does not necessarily make the tactic fair or in good faith. In my opinion, this conduct is without question in bad faith. A typical scenario might be that, after you submit your insurance claim (whether for fire damage to your house, for medical insurance, cancer insurance, etc.), the insurance company decides it thinks there is no coverage. Rather than simply deny the claim in writing with the reasons for the denial, as they relate to the insurance policy provisions (as many states' unfair claims practices laws requires), you get served with a lawsuit. If your insurance company sues you, you should get an insurance attorney immediately. Once you are sued, deadlines will apply to your lawyer's filing of a proper response to the lawsuit, and how this is done can have a dramatic effect on the outcome of your case. If the insurance company did not actually handle your claim properly (for example, by failing or refusing to thouroughly and objectively evaluate your insurance claim), your lawyer should file counterclaims (a countersuit) for unfair claims practices, bad faith, and, probably, several other types of claims. I generally provide free consultations to people who have been sued by their own insurance company. Contact my office Toll Free at 888.435.7156.

More on the Medical Malpractice Myth: Lawsuits Are Not the Problem -- Preventable Medical Negligence Is

twp@pleasantlaw.com (Blog Author)11067 — Sat, 18 Apr 2009 08:00:00 EST

By Thomas Waitt Pleasant, North Carolina Injury, Wrongful Death and Insurance Attorney. I recently read an interesting article in in the Canadian Medical Association Journal online, which discussed the "medical malpractice myth" in America. The article talks about a study from several years ago by the Institute of Medicine of the Academy of Sciences. This landmark study, concluded that 98,000 people die each year due to medical errors. This is more than all automobile/car accidents and workplace accidents in the United States combined. Other sources estimate the number of deaths from medical mistakes at about double that amount (See Healthgrades.com). The Medical Association Journal article also points out the myth that frivilous lawsuits are commonplace against doctors, hospitals, nursees and other healthcare providers. The number of lawsuits against hospitals, doctors and other medical care providers has not only remained flat for a long period of time (15 years), but in many cases has decreased (based on population and economic growth). If you want to know what's costing taxpayers money and clogging the court systems, look to corporate america -- our corporate bohemoths clash in our nation's courts much more frequently than do victims of medical malpractice and their alleged wrongdoers. And, these business disputes are often extremely legally complex problems, requiring judicial resources far exceeding those required to dispose of the average medical or nursing home injury or wrongful death case. This is all very eye opening, and igt appears we have an epidemic of medical mistakes and errors in this country. People should beware as politicians and business groups call for the kind of medical malpractice or "tort" reform here in North Carolina. The jury trial is the critical leveling field for the victims and families of wrongful death and injury, and Americans are too quick to listen to the calls for limiting this right, calls that come from business interests that are not truly aligned with the good of the whole in mind. Thomas Waitt Pleasant, North Carolina Medical Negligence, Nursing Home, and Insurance Lawyer, Toll Free 888.435.7156. Office locations in Raleigh, Wilmington and Fayetteville.

Unfair Nursing Home Regulation Gets National Attention on Keith Olbermann's Show

twp@pleasantlaw.com (Blog Author)9423 — Wed, 25 Feb 2009 08:00:00 EST

A recent Countdown (with Keith Olbermann) video highlights the unfair and "secretively" passed regulation passed by the Bush administration, which makes it exceedingly difficult for nursing home lawyers, and the vicitms of nursing home injury and/or wrongful death they represent, to get to the truth from state inspectors and state inspection agencies. A recent news item was posted on this site regarding the passing of this regulation, which was a surprise to most nursing home lawyers. It's good to see this issue getting some real press. The public needs to be informed about this significant loss of rights.

Data Brief - Pressure Ulcers Among Nursing Home Residents

twp@pleasantlaw.com (Blog Author)9366 — Mon, 23 Feb 2009 08:00:00 EST

By Raleigh, Wilmington and Fayetteville North Carolina Injury and Wrongful Death Attorney Thomas W. Pleasant. The Division of Health Care Statistics (DHCS) of the National Center for Health Statistics (NCHS) released its Long-Term Care Statistics Branch NCHS Data Brief: Pressure Ulcers Among Nursing Home Residents: United States, 2004. After clicking on this link, you can access the data brief by clicking on "New Report Shows 1 in 10 Nursing Home Residents Have Bed Sores." This brief may be of interest to those involved in nursing home litigation, or legal cases against hospitals, where the patient or resident developed pressure ulcers or pressure sores. Pressure sores are a recurring theme in nursing home claims. For more information about nursing home lawsuits, and legal representation in nursing home or hospital cases in North Carolina, you can contact me Toll Free at 888-435-7156.

Pressure Ulcer Information from Wound Care Association (May Help Nursing Home Staff)

twp@pleasantlaw.com (Blog Author)9323 — Sat, 21 Feb 2009 08:00:00 EST

By North Carolina nursing home, assisted living attorney Thomas Waitt Pleasant. Toll Free 888-435-7156. The Canadian Association of Wound Care sponsors a pressure sore prevention website for its Pressure Sore Awareness Program. This site has some good, basic information that may be of use to those who have family or friends in a nursing home or assisted living facility. While understaffing in nursing homes is a major cause of pressure sores (because the lack of staff prohibits proper turning and repositioning, and also proper nutrition required for the healing of pressure sores or pressure ulcers), this site gives some basic healthcare information on how -- assuming the nursing home, hospital or other health care facility has sufficient staff -- to evaluate the risk a nursing home or hospital resident has for developing pressure sores; and how to treat those sores to keep them from getting worse. This organization has develped a program to help facilities reduce pressure sores. Bad pressure sores generally should not happen, and if you or someone you care about has serious pressure sores, you may wish to contact a nursing home lawyer to help you determine whether a legal claim is appropriate. I am available to assist with such an evaluation in North Carolina, and can arrange to meet with clients anywhere in North Carolina, including at our Raleigh, Wilmington or Fayetteville North Carolina locations. Contact my office for help. Toll Free 888-435-7156.

Being Elderly Today is Difficult

twp@pleasantlaw.com (Blog Author)9099 — Fri, 13 Feb 2009 08:00:00 EST

By Thomas Waitt Pleasant, North Carolina Medical Negligence Attorney. Toll Free 888-435-7156. Ken Connor, formerly of a national law firm specializing in personal injury with a particular emphasis on nursing home and medical cases, writes an interesting article about the difficulties of aging in our society, considering the problems we have in our nursing home industry. The article is entitled Old Age Ain't For Sissies, and is availabgle at the Center for a Just Society website. Our society depends upon these nursing and assisted living facitilies to care for our elderly loved ones; but we are seeing a surprising lack of care. Arguably, due to lack of staffing, we see too many unfortunate circumstances of our elderly being hurt in nursing homes, abused by nursing home staff, and even killed by the wrongful conduct of nurisng homes and their stafffs.

CBS Reports Nursing Home Abuse On The Rise (A Symptom of Understaffing at Nursing Homes)

twp@pleasantlaw.com (Blog Author)8560 — Fri, 30 Jan 2009 08:00:00 EST

By Thomas Waitt Pleasant, (Raleigh, Fayetteville, Wilmington) North Carolina Nursing Home Lawyer. Toll Free (888) 435-7156. CBS News reported in 2001 that nursing home abuse is increasing (See Nursing Home Abuse Increasing), citing a congressional report stating that 1,600 nursing homes had been cited for abuse of its nursing home residents. This is, incredibly, about one third of all nursing homes in the united states. It would be interesting to see current statistics on this, and to see how these nursing home abuse statistics pan out for North Carolina nursing homes versus other states. This is not surprising, though, and I would be surprised to learn that nursing home abuse, injury and wrongful death statustics have gotten any better, unfortunately. Once again, along the same lines as other of my blog entries, these problems utlimately have to do with money and budgeting. A nursing home administrator might be trying to do a good job; but cannot due to the budget constraints set by the nursing home's corporate headquarters or nursing home owners. Abuse by nursing home staff generally arises because those being hired have not been properly screened, and the pool of available employees is limited because of the low pay. When you can work at McDonald's for as much as you can make as a nursing assistant at a nursing home, the incentive is low to take the nursing home job: it is likely more difficult. Nursing homes have been historically very profitable. Otherwise, big equity groups like Carlyle would not be in the nursing home business. So, nursing homes must allocate more realistic amounts of money in their facility budgets to ensure that the proper nursing staff can be hired and retained. The bodies and lives of nursing home residents in North Carolina, and in all states, is worth it. Families with loved ones in nursing homes, unfortunately, need to be educated about the signs of nursing home abuse and neglect. If you are interested in this topic, you can download my free e-book, "12 Tips for Dealing with Nursing Home Abuse, Neglect and Wrongful Death." Additionally, you might want to contact my office for help.

Nursing Home Worker Shortage Expected (Expected to Get Worse, In My Opinion)

twp@pleasantlaw.com (Blog Author)8258 — Tue, 20 Jan 2009 08:00:00 EST

By North Carolina Nursing Home and Medical Negligence Injury and Wrongful Death Attorney Thomas Pleasant. Toll Free 888.435.7156. McKnight’s recently reported on the anticipated shortage of nursing home staff, and possible legislative efforts designed to combat this anticipated understaffing. (See Legislation to Boost Caregiving Workforce Introduced) While a future shortage appears likely, it’s important for people to recognize that this is, in my opinion, an expected worsening of an already-existing problem. For those lawyers who handle nursing home injury and wrongful death claims, it seems clear that there is already an understaffing problem in nursing homes in North Carolina and elsewhere. Truly, this seems to be (at this particular time) an epidemic problem. It is also critical that the public understand that a future understaffing problem caused by an increase in the elderly nursing home population does not change the other nursing home understaffing root causes (too much focus on profits over people). I expect that that understaffing, and resulting injury and wrongful death, will indeed get worse. Considering what appears to me to be the sorry state of so many nursing homes at present, a worsening of understaffing really does, and should, raise concerns. I am reviewing a case right now involving a rehabilitation stay that was to be relatively short (a couple of months), where the nursing home resident died due almost completely to dehydration; and this gentleman had a feeding tube (in other words, the nursing facility was controlling, mechanically, how much nutrition and hydration this man was receiving). Yet, his dehydration became so severe due to the neglect of the nurses and nursing staff at this nursing home, that his body eventually shut down. This kind of neglect is not usually the result of the evil intent of nursing staff. Rather, it results from understaffing. The nursing assistants simply cannot take care of all the residents, because there are not enough of them. Budget constraints set by owners and executives are often the root problem. If you or someone you care about is in a nursing facility; and not getting the care they deserve, contact my office for help. A lawsuit is often not the appropriate solution, but you might consider getting legal help to evaluate your case and help you determine what you should do. We handle nursing home abuse cases in Raleigh, Wilmington, Fayetteville, and other areas of North Carolina. And generally we will come to you to assist you with your case.

Infection Guidelines: Many Hospital Acquired Infections Are Preventable

twp@pleasantlaw.com (Blog Author)7937 — Thu, 08 Jan 2009 08:00:00 EST

By Medical Malpractice, Nursing Home Abuse & Neglect Attorney Thomas Waitt Pleasant (Raleigh, Wilmington, Fayetteville, Toll Free 888-435-7156. The United States Department of Health and Human Services has taken a step in the right direction in order to deal with hospital acquired infections, a problem that seems to be on the rise. Many of the nursing home and medical malpractice cases that come through my office involve some type of infection. Many of these are preventable.

Specifically, HHS released official guidelines this week for the reduction of infections in hospitals, including guidelines related to six of the more common hospital acquired infections (HAIs). The report is entitled "HHS ACtion Plan to Prevent Healthcare-Associated Infections." These six infections include methicillin-resistant Staphylococcus aureus (“MRSA”) and Clostridium difficile (“C Diff”). These infections are seen quite often in nursing homes, rest homes, assisted living facilities, and hospitals.

Besides MRSA and C. diff infections, HHS identified these as the most common hospital acquired infections:

catheter-linked urinary infections;
surgical site infections;
blood-stream infections (from intravenous lines); and
pneumonia from ventilators.

In order to prevent infections from hospitals and other healthcare facilities like nursing homes, HHS recommends, among other things:

adequate control of blood sugar among diabetic patients;
more prudent use of both ventilators and catheters;
increased use of sterile techniques, including sterile gloves, sterile gowns, masks and caps when inserting central venous catheters; and
improper use of catheters in nursing homes for the management of incontinent patients

Medical negligence casese, including those involving nursing home abuse and neglect, often involve infections that were preventable. If you or someone you love has been injured or killed by an infection that you believe was preventable; or if that person has suffered injury or death as a result of other medical mistakes or negligence; or nursing home abuse or neglect; feel free to contact The Law Offices of Thomas Waitt Pleasant, Toll Free at 888-435-7156. We offer three convenient North Carolina locations: Wilmington, Raleigh and Fayetteville, or will come to you if necessary.

Medicaid Funding Increase Possible and Would Benefit Nursing Homes and Nursing Home Residents

twp@pleasantlaw.com (Blog Author)7195 — Thu, 11 Dec 2008 08:00:00 EST

By Thomas Waitt Pleasant, North Carolina injury and wrongful death attorney. Toll-free 888-435-7156. McKnight's long-term care news reports (http://www.mcknights.com/Massive-stimulus-package-likely-to-include-Medicaid-funds/article/122738/?DCMP=EMC-MCK_Daily) that a massive stimulus package taking shape in Washington will likely include billions of dollars in additional Medicaid funding. This is good news. Primarily, this is good news for the elderly on Medicaid to pay for their care and nursing homes. Because understaffing is such a concern in nursing homes (and not infrequently results in injury and/or abuse in the nursing home environment), additional Medicare funding will at least make nursing homes less able to claim that financial conditions deter them from hiring adequate staff, and hiring staff with proper qualifications. I am sure this statement appears in other entries in my blog, so at the risk of repeating myself I will say again that understaffing is probably the single most important factor contributing to nursing home injury, abuse, neglect, and/or wrongful death. Nursing home injury attorneys see this over and over again when screening, evaluating and litigating cases. If you or someone you love is in a skilled nursing facility or assisted living facility, and you feel that there are not enough caregivers (whether registered nurses, licensed practical nurses, certified nurses assistants, etc.), chances are you should be concerned for the welfare of the residents of the facility. If you feel that you or someone you love has been a victim of nursing home abuse or neglect, including any situation where that person has been injured or possibly killed through the negligence of the nursing home, I would be happy to assist you in determining whether you may have a claim against the nursing home. The Law Offices of Thomas Waitt Pleasant handles nursing home, medical malpractice and insurance cases across North Carolina.

Nursing Home Surveys and Surveyor Testimony Off Limits

twp@pleasantlaw.com (Blog Author)7065 — Sat, 06 Dec 2008 08:00:00 EST

By Thomas Pleasant, North Carolina Nursing Home and Medical Negliegence Attorney (888-435-7156). The Department of Health and Human Services has issued a new regulation relating to testimony by its employees, as well as the production of documents in proceedings where the United States is not a party. This regulation was made effective in October 2008, and (although it allows an exception if the head of the agency allows it) essentially blocks nursing home abuse, injury and wrongful death lawyers from using state survey information in the investigation and preparation of their cases. It also prevents lawyers handling nursing home abuse claims from taking testimony from the state employees who inspect nursing homes. These nursing home inspection documents are sometimes full information showing that the particular nursing home at issue was aware of major problems at the nursing home, and still failed or refused to do anything about it. This kind of “pattern” evidence can be important in showing why the abuse, neglect, injury or wrongful death happened at the nursing facility. The rule is 45 CFR Part 2. This is not a good development for the protection of the elderly whose care is at the hands of nursing homes, but it will not stop attorneys from pursuing nursing home injury and death claims, whether they are from a nursing home resident falling and getting hurt in a nursing home; a nursing home resident getting avoidable pressure ulcers or pressure sores in the nursing home; nursing home residents being malnourished and dehydrated; or any other form of nursing home abuse. For more information about health care regulations, see http://www.hhs.gov/. The Law Offices of Thomas Waitt Pleasant, PLLC can help you if you feel you or a loved one has been hurt in or by a nursing home in North Carolina. You can contact my office Toll Free at 888-435-7156 to discuss your legal problem. We also handle legal claims arising from the negligence and/or malpractice of doctors, hospitals, nurses and other healthcare providers; as well as unfair insurance claims practices. We will come to you if necessary, and also offer meeting locations in Raleigh, Wilmington, and Fayetteville. For more information, see www.pleasantlaw.com.

Court Confirms Serious Disability Insurance Unfair Claims Practices of Unum and Paul Revere

twp@pleasantlaw.com (Blog Author)6367 — Thu, 20 Nov 2008 08:00:00 EST

By North Carolina Insurance Claim Attorney Thomas W. Pleasant. Clinton Merrick sued Paul Revere Life Insurance Company, Unumprovident Corporation (doing business as Unum Life Insurance Company of America and Provident Life and Accident Insurance Company) over disability insurance benefits. The case has a long history, but recently came to fruition through a United States District Court decision (in NV), whereby the judge affirmed a recent verdict in favor of Mr. Merrick, and apparently actually increased the verdict to the constitutional 9:1 ratio (between compensatory and punitive damages), up to a total of $26,394,765. The case was handled by Friedman Rubin & White, excellent insurance lawyers who handle insurance bad faith and unfair claims practices cases accross the country. I have had the pleasure of working with these folks, and can attest to their skill. If you have had trouble with Unum or any other insurance company (whether for a disability insurance claim, a homeowner or fire insurance claim, or any other kind of insurance claim), and you think the insurance company has acted unfairly, contact my office for a free case review. I will consider cases in any area of North Carolina, and we will do our best to make the process easy for you (coming to you if necessary). We also have offices in Raleigh, Fayetteville, and Wilmington North Carolina. Call Toll Free 888.435.7156. For more information on insurance unfair claims practices, see my resources page on my website at http://www.pleasantlaw.com/resources.cfm.

Nursing Home Nursing Directors: Staffing Problems Biggest Headache

twp@pleasantlaw.com (Blog Author)6364 — Thu, 20 Nov 2008 08:00:00 EST

By Thomas Waitt Pleasant, North Carolina Nursing Home Lawyer, Insurance Lawyer and Medical Malpractice Lawyer. McKnight’s reports that staff recruitment and retention are huge headaches for directors of nursing in nursing homes. (see http://www.mcknights.com/DONs-most-stressed-over-staff-issues-long-term-care-survey-suggests/article/121274/?DCMP=EMC-MCK_Daily) My personal opinion (and I think, fairly, the opinion of many other lawyers and attorneys handling nursing home injury, abuse, and wrongful death cases) is that this is the “root of all evil” in nursing homes, so to speak. Generally speaking, it seems that the nursing home industry has had little trouble making money and being profitable generally. (Big equity firms like Carlyle Group don’t buy unprofitable businesses, or at least businesses that they don’t think can be turned around in order to make a lot of money.) But nursing home jobs aren’t that much different form other industries in terms of attracting good employees – the market demands a certain wage; and if the nursing homes are not willing to pay the market wage to get enough decent employees, they will not get enough decent employees. Result: harm to nursing home residents from lack of staffing. Nursing homes must get their homes staffed properly in order to avoid hurting their patients. Increasing staffing will also, apparently, help reduce some of the stress now on their directors of nursing – which will itself likely help nursing homes avoid problems with their resident care, and avoid abuse, neglect, injury and wrongful death. Contact me at The Law Offices of Thomas Waitt Pleasant, PLLC for a free consultation if you or your loved one has suffered injury or harm as a result of a nursing home’s negligence or bad care. We will make the evaluation process easy for you, and will consider cases in any region of North Carolina. Specifically, we have locations in Raleigh, Wilmington, and Fayetteville. Toll Free 888-435-7156.

Insurance Claim Tactics Exposed Again by AAJ - Read "Tricks of the trade: How Insurance Companies Deny, Delay, Confuse and Refuse"

twp@pleasantlaw.com (Blog Author)6157 — Thu, 13 Nov 2008 08:00:00 EST

By North Carolina insurance attorney Thomas W. Pleasant. This report can be read online by clicking the link in the title. This report is a follow up on the report done previously by the American Association for Justice (AAJ), "The Ten Worst Insurance Companies in America." The report details why so many people are hurt by their insurance companies, and why they often eventually have to hire insurance lawyers to help them get paid on their insurance claims. Legitimate claims are, in fact, often subjected to this delay, denial tactic. If you have an insurance issue, whether a disability insurance issue, a homeowner insurance issue, a fire insurance issue, or any other kind of insurance claim problem, you can contact my office for a free consultation and/or case review. In many of these insurance cases, there is a chance that your insurance company has denied your insurance claim in bad faith, and may have committed unfair insurance claims practices. For more information, you can check out the practice areas at the homepage of my website, www.pleasantlaw.com. My office can be reached Toll Free at 888-435-7156, and we are available to help with these cases in most places in North Carolina, including Raleigh, Wilmington and Fayetteville. We can come to meet you if you are in need of help with an insurance claim or dispute.

Nursing Home Falls and Fractured/Broken Bones Can Be Prevented

twp@pleasantlaw.com (Blog Author)5946 — Wed, 05 Nov 2008 08:00:00 EST

By Thomas Waitt Pleasant, Nursing Home Injury and Wrongful Death Attorney in North Carolina (Toll Free 888-435-7256). A recent online study indicates that nursing homes that take proactive steps (to include tests, medications, etc.) can reduce hip fractures for their nursing home residents. Broken bones and fractures are often the result of falls in elderly nursing home patients; so this study is significant. McKnight’s Long Term Care News & Assisted Living (http://www.mcknights.com/) is a great resource for news and information about nursing homes and the long term care industry in general; and there you will find the actual fracture article referenced here (http://www.mcknights.com/Study-Proactive-measures-can-halve-the-risk-of-hip-fractures-in-seniors/article/120435/?DCMP=EMC-MCK_Daily). It is good to know that people are studying this issue, because fall and fracture prevention (as well as the prevention of all other types of injuries and wrongful deaths) is the ultimate goal. Unfortunately, legal claims and/or lawsuits are often the only way to get the attention of the nursing home facilities (especially large nursing home chains) – by affecting their pocketbooks. Most nursing home attorneys I know got into this business because they saw a way to help change the system, and most would be happy to see fewer of the really bad cases that come through their law offices. I help people with nursing home and medical negligence problems in North Carolina. While my firm’s main locations are in Raleigh, Fayetteville and Wilmington; I travel to and handle cases in other parts of North Carolina as well. Call The Law Offices of Thomas Waitt Pleasant, PLLC at 888-435-7156 for a free consultation.

Cap on Medical Malpractice Damages in Medical Negligence Cases Criticized

twp@pleasantlaw.com (Blog Author)5928 — Tue, 04 Nov 2008 08:00:00 EST

By Thomas Pleasant, North Carolina Injury and Wrongful Death Attorney. A western state’s medical negligence law implementing caps on damages in cases involving bad medical care has been criticized recently (see http://www.mercurynews.com/news/ci_10873457?nclick_check=1 ). Caps on damages in these cases, as a practical matter, often leave victims hurt or killed by doctors, hospitals and nurses with little recourse for compensation for their injuries. Medical error attorneys interviewed for this article pointed out, among other things, that they have been forced to stop taking many otherwise legitimate cases; and that the reason that there are so many medical malpractice lawsuits (for injuries and wrongful death) is because there are just so many medical mistakes and errors that rise to the level of medical malpractice. In any event, it is an interesting read, and deals with what is obviously a hot topic today. The American Association for Justice (AAJ) has some interesting stuff on its website about the myths that have lead the American public to believe that we have a lawsuit crisis. Go to http://www.justice.org/cps/rde/xchg/justice/hs.xsl/2011.htm for that information. If you think you or someone you love has been wrongly hurt or killed by a hospital or doctor, my law firm can help you evaluate your case and figure out whether you have reason to try and get compensation through the judicial system. We handle cases throughout North Carolina involving medical malpractice, negligence and medical mistakes and errors. We also handle nursing home injury, abuse, neglect and wrongful death cases. You can contact my firm Toll Free at 888.435.7156. Visit the other areas of my website at www.pleasantlaw.com.

Sunbridge Nursing Home Lawsuits

twp@pleasantlaw.com (Blog Author)5699 — Sun, 26 Oct 2008 08:00:00 EST

By North Carolina nursing home abuse, nursing home injury, and nursing home wrongful death attorney Thomas W. Pleasant. Sun Healthcare et al. have had their share of problems with their Sunbridge nursing homes, facing serious legal problems with at least one state's regulators (see http://findarticles.com/p/articles/mi_m4149/is_3_43/ai_n25467729/pg_7 ). Sunbridge facilities are relatively plentiful in North Carolina, and it is not surprising that cases against Sunbridge are coming up. A case filed not too long ago against a Sunbridge facility and its parent companies in a nearby state demonstrates the kinds of allegations coming up with what seems to be relative frequency: multiple falls, weight loss, malnutrition, dehydration, and infections. See http://legalmedicine.blogspot.com/2008/09/west-virginia-nursing-home-faces.html ). Infections in nursing home cases often result from pressure sores (aka pressure ulers, decubitus ulcers); which are, in turn, often exacerbated by malnutrition and dehydration. The bottom line in these nursing home cases involving pressure sores is that the appropriate level of staffing (nurses, nursing assistants) is simply not there. With a large company like Sun Healthcare Group, Inc., which owns/operates/controls all the Sunbridge nursing facilities, this is hard to understand. Sunbridge nursing homes seem to be making plenty of money. If you or a loved one has been injured or killed in a nursing home in North Carolina, whether or not it is/was a Sunbridge nursing home, contact The Law Offices of Thomas Waitt Pleasant, PLLC for help. We provide free consultations in nursing home cases, and we can arrange to meet you where it is most convenient, including at your home, or in our Raleigh, Wilmington or Fayetteville North Carolina locations. For more information, see www.pleasantlaw.com.

Unum Provident Defrauded the Government, Jury Finds

twp@pleasantlaw.com (Blog Author)5671 — Fri, 24 Oct 2008 08:00:00 EST

By North Carolina Insurance lawyer Thomas Pleasant. Here's a different twist on insurance company misconduct: Unum Provident was just found to have threatened its policyholders into filing for government disability benefits. Unum, the largest disability insurance company in the United States, evidently threatened to cut benefits if certain disability insurance policyholders refused to seek these government disability benefits. The article can be read at http://www.examiner.com/p-248458~Jury_Finds_Insurance_Giant_Unum_Defrauded_the_U_S_.html. This is a twist on traditiona unfair insurance claims practices, or insurance bad faith, but it's unfair and bad nonetheless. For more information on insurance bad faith, go to http://www.pleasantlaw.com/practice_areas/insurance-unfair-insurance-claim-practices.cfm. Contact me, a North Carolina insurance attorney, at www.PleasantLaw.com.

Nursing Home Transparency Act Resurfaces: Good Sign for Consumers and their Lawyers

twp@pleasantlaw.com (Blog Author)5003 — Thu, 02 Oct 2008 08:00:00 EST

By Thomas Waitt Pleasant, nursing home and medical neglience attorney handling injury, wrongful death clams in North Carolina.

Congressmen Pete Stark (D-CA) and Jan Schakowsky (D-IL) just introduced a revised version of the Nursing Home Transparency and Quality of Care Act of 2008 in the House of Representatives. Apparently this legislation is very much like the original legislation introduced earlier this year by Senators Herb Kohl (D-WI) and Charles Grassley (R-IA). However, this new version has some addtional provisions, such as a new quality assurance and quality improvement demonstration program. A more detailed report about this is available at http://www.mcknights.com/Nursing-Home-Transparency-Act-surfaces-in-House/article/118635/?DCMP=EMC-MCK_Daily

As I have stated in previous “blog” entries, many nursing home chains create complex webs of corporations and businesses. This is essentially done in order to avoid liability for nursing home abuse, neglect, injury and wrongful death; and related medical mistakes and malpractice. This law, if passed, will help bring to light the nursing homes’ true ownership structure so that they can be held responsible through lawsuits, when necessary, for hurting their patients and residents.

For more information about medical malpractice claims against doctors, hospitals, nurses, or other healthcare providers; or about nursing home claims against a nursing home or assisted living facility or rest home in North Carolina, contact my office toll free: 888-435-7156. We can arrange to meet with you at your home, some other place convenient to you, or in one of our office locations in Raleigh, Wilmington or Fayetteville, North Carolina.

Medical Malpractice Article: "Not Worth the Pain and Suffering" - a Surprise from the Business Community?

twp@pleasantlaw.com (Blog Author)4765 — Tue, 23 Sep 2008 08:00:00 EST

A recent Forbes article about medical malpractice lawsuits caught me by surprise. The article is at http://www.forbes.com/business/forbes/2008/0915/034.html and makes a compelling argument against “tort reform.” Specifically, “reform” that limits the amount of money plaintiffs in medical malpractice claims (including, arguably, nursing home abuse and negligence claims). Although North Carolina has not been affected by caps on “non-economic” damages, the threat looms. Coming from a business magazine like Forbes should be encouraging to those who care about the realities involved in cases of medical negligence/mistakes against hospitals, doctors, and other healthcare providers. The reality is that there are many cases where legal action for injury or wrongful death resulting from negligent healthcare is more than justified; and necessary in order to help encourage real “reform” (reform in industries where injuries and death are too commonplace due to negligence, carelessness and indifference). There are many great hospitals, doctors and other healthcare providers out there. But there are some who are incompetent and dangerous. The government has neither the will nor the resources to combat/police the bad and dangerous ones; and civil litigation has been, and will likely continue to be, one of the most effective ways to fight the problems that underlie many medical malpractice lawsuits. Often in these cases, the medical mistake at issue was entirely preventable; but because of “forces” in the industry (money/insurance pressures, e.g.) no solution was ever seriously considered, and certainly not implemented.

For more information on nursing home injury, abuse, neglect and wrongful death, visit http://www.forbes.com/business/forbes/2008/0915/034.html. More information about medical mistakes, negligence, and errors, see http://www.pleasantlaw.com/practice_areas/medical-negligence-mistakes-and-malpractice.cfm.

If you have a possible claim against a nursing home, doctor, nurse, hospital or other healthcare provider for a medical mistake, error or medical malpractice – anywhere in North Carolina – contact my office for a free consultation. We can arrange to meet you anywhere in North Carolina, including our Raleigh, Fayetteville and Wilmington locations. I can help you determine whether your claim is valid and worth pursuing.

Nursing Home Staff Job Satisfaction Changes Could Reduce Nursing Home Abuse, Neglect, Injury and Death Lawsuits

twp@pleasantlaw.com (Blog Author)4607 — Tue, 16 Sep 2008 08:00:00 EST

By Thomas Waitt Pleasant, North Carolina (Raleigh, Wilmington, Fayetteville) nursing home and medical malpractice injury and wrongful death attorney.McKnights Long Term Care News reports ( http://www.mcknights.com/Job-satisfaction-latest-nurse-recruitment-tool/article/116684/?DCMP=EMC-MCK_Daily ) that certain nursing home chains and facilities are apparently finally getting the message that the quality of their care is driven by the satisfaction of their caregivers. This, of course, has a direct link to the kinds of problems that lead to nursing home abuse, injury, and wrongful death lawsuits and claims. This encouraging news suggests that some nursing home chains are actually striving to improve the staffing levels as part of this effort. Of course, overworked nurses and certified nurses assistants in skilled nursing facilities are not happy. Those who accept positions in nursing homes that overwork and underpay their staff are more likely to be less caring, and more prone to neglect and abuse of the elderly. Understaffing is a key aspect of most nursing home injury and/or wrongful death cases, because when there simply aren’t enough people to take care of the patient, the patient suffers. This is particularly true in a nursing home, because the patients are all in need of lots of skilled nursing care. If you are reading this because you or a loved one has suffered abuse, neglect, injury or death as a result of nursing home abuse or neglect; feel free to contact my office to discuss your matter. We are available to meet with you wherever you are, including, but not limited to, our locations in Raleigh, Wilmington and Fayetteville, North Carolina. You can contact us Toll Free at 888-435-7156, and for more information, visit www.pleasantlaw.com or http://www.pleasantlaw.com/practice_areas/nursing-home-abuse-neglect1.cfm .

Medical Errors Attorneys and the "Medical Malpractice Crisis" - Read for the Reality

twp@pleasantlaw.com (Blog Author)4483 — Wed, 10 Sep 2008 08:00:00 EST

Unfortunately, Medical errors (whether in a hospital, doctor’s office or nursing home) are one of the nation's leading causes of death and injury. The Institute of Medicine reports that as many as 44,000 to 98,000 people die from medical errors and negligence in hospitals in the United States each year. This means that more people die from medical errors than from motor vehicle accidents, breast cancer, or AIDS. (See Agency for Healthcare Research and Quality (2000). 20 Tips to Help Prevent Medical Errors. Patient Fact Sheet (AHRQ Publication No. 00-P038). Rockville, MD: Agency for Healthcare Research and Quality.)

It astounds many people to hear this statistic, and puts fear in some people. The reality, though, is that medical malpractice is a problem. It does no good for people to stick their heads in the sand and ignore the problem. The other reality is that attorneys who handle cases dealing with medical errors, mistakes, negligence and malpractice are necessary. One hears often about a “medical malpractice crisis,” but it appears that the crisis is in the high number of injuries and deaths that occur from errors, mistakes, negligence and malpractice – as opposed to a crisis in the number of lawsuits. Many people complain about attorneys and lawsuits, until they themselves are faced with having been severely injured or hurt; or when a loved one (perhaps one who provides critical economic support to a family) is actually killed by a medical error or negligence or abuse in a nursing home. In that case, often one finds that there is nowhere to turn, as the insurance companies are not willing to face up to the loss and compensate the medical mistake victim or that victim’s family appropriately. A dedicated lawyer is often the only way a wrongful death or injury victim can get a fair result in a medical negligence situation.

Contact my office for a consultation is you have a negligence or wrongful death claim or case against a North Carolina hospital, doctor, nurse, nursing home or other healthcare provider. You can call Toll Free, 888-435-7156. We handle cases throughout North Carolina, and can arrange to meet you anywhere. We have office locations in Raleigh, Fayetteville, and Wilmington, North Carolina.

More information on medical patient safety and medical malpractice is available at:
http://www.ahrq.gov/qual/errorsix.htm
http://www.pleasantlaw.com/practice_areas/medical-negligence-mistakes-and-malpractice.cf m
http://www.pleasantlaw.com/practice_areas/nursing-home-abuse-neglect1.cfm

New Fetal Monitoring Standards: Relevant to Birth Injury Medical Malpractice Cases

twp@pleasantlaw.com (Blog Author)4452 — Tue, 09 Sep 2008 08:00:00 EST

Fetal monitoring is a critical part of any birth injury medical malpractice case. When a baby has been hurt or killed during labor or birth, a review of the fetal monitoring records is critical. Standards change as medicine evolves, of course. You can read the latest research guidelines for electronic fetal monitoring published in the September issue of Obstetrics & Gynecology, at http://www.greenjournal.org/cgi/content/abstract/112/3/661. The updates and revisions to the 1997 consensus guidelines have been adopted by ACOG, AWHONN, RCOG, and SOGC. Note that there are new definitions for assessing contractions and uterine activity. Hospitals should be adopting these revised guidelines You should assume that these revised guidelines will slowly be adopted by hospitals and professional organizations.

If you have a possible claim against a doctor, nurse, hospital or other healthcare provider for a medical mistake, error or medical malpractice – anywhere in North Carolina – contact my office for a free consultation. We can arrange to meet you anywhere in North Carolina, including our Raleigh, Fayetteville and Wilmington locations. Let an attorney consider your case and advise you to help you determine whether you actually have a legal claim with merit. http://www.pleasantlaw.com/practice_areas/medical-negligence-mistakes-and-malpractice.cfm

Informed Consent in Medical Malpractice Cases May Not Be What You Think

twp@pleasantlaw.com (Blog Author)4311 — Sun, 31 Aug 2008 08:00:00 EST

An interesting article about the doctrine of “informed consent” at the link in the heading of this blog is worth taking a look at. In the medical malpractice context, informed consent is not exactly what some clients think it to be. In a case I am working on now, a patient was killed (she bled to death) during surgery. This patient consented to the surgical procedure, for which there certainly were known risks and complications. The complication that occurred was the puncture of a blood vessel. This patient had signed a “consent” form, agreeing to the procedure. The patient’s family, whom I represent, were under the impression that, because this form (presented to the patient at the hospital) was signed by the patient, that any bad result from the surgery was a risk agreed to, and this family was not sure whether they had any legal right to hold accountable the hospital, doctors, nurses and other healthcare providers involved in the surgery. First, “informed consent” generally has nothing to do with the negligent performance of a surgery or other healthcare. Informed consent simply means that the medical provider informed the patient of the possible risks, complications, and bad outcomes that could result from a medical procedure – even if the doctor, nurses, or hospital acts clearly within the standard of care. Informed consent has more to do with whether these risks, complications, and bad outcomes would have caused the patient to decide not to have the procedure. If you have any sort of legal claim (or you think you may have a legal claim) against a doctor, hospital, nurse or other healthcare provider, informed consent could be an issue. I would advise consulting a lawyer who handles cases involving medical errors, medical mistakes and medical malpractice. My office provides free consultations, in many cases with registered nurses, to evaluate your possible medical malpractice legal claim, whether the case involves a wrongful death, or injury. You may contact The Law Offices of Thomas Waitt Pleasant, PLLC toll free to discuss your case. We can meet with you at your convenience, to include meeting at our Fayetteville, Wilmington or Raleigh locations; or we can come to you to discuss your case.

Increasing Demands for Nursing Home Aids and Other Staff: a Frightening Prospect

twp@pleasantlaw.com (Blog Author)4023 — Mon, 18 Aug 2008 08:00:00 EST

Attorneys and lawyers handling nursing home cases, and even medical malpractice cases (in some instances) know that nursing homes have staffing problems (one of the key factors leading to nursing home injury, abuse, neglect and wrongful death lawsuits and claims), it's frightening to think what we face as a nation as the "baby boomer" generation's long term care needs explode and the workforce in the nursing home industry becomes that much more strained. The Gerontological Society of America's website (click on the title link to this blog entry) has some interesting information about how this aging population will strain long term care resources, including the "direct-caregiver workforce" made up of front-line nurses and certtified nurse's assistants (CNA's). A report arising from a study called "Better Jobs Better Care" is available at this website, and details in its full findings significant issues regarding pay and work relationships among nursing homes and hospitals, as well as turnover problems in the workforce in the nursing home industry; which affects nursing home patient/resident care, and the entire healthcare system. If you or someone in your family has suffered abuse, neglect, injury or death as a result of care (or lack of care) in a nursing home, that bad result could be due to a lack of staffing in the nursing facility. I often explain to clients how the budget process from the "higher ups" at nursing homes affects patient care on the "front lines," and these clients' stories often match up with this scenario (e.g., resident's not being turned and repositioned in order to avoid pressure sores, etc.). If you need help with a possible legal claim against a nursing home, feel free to contact my office for a free consultation. My firm has convenient locations in Wilmington, Raleigh and Fayetteville; and we can arrange to meet with you anywhere else if necessary. We can be reached Toll Free at 888-435-7156.

Birth Injury: Erb's Palsy / Brachial Plexus From Medical Malpractice

twp@pleasantlaw.com (Blog Author)3763 — Sat, 02 Aug 2008 08:00:00 EST

Having a baby should be a joyous occasion. In some cases, though, a baby’s birth is instead traumatic. Many things can go wrong during pregnancy, labor and/or delivery; but in some cases medical neglect and unreasonable, inexcusable mistakes occur.

Problems with a child’s birth can take many forms. One type of birth injury is injury to the “brachial plexus” of the baby. In a nutshell, the brachial plexus is a grouping of nerves. This kind of injury may have been caused by what is commonly called “shoulder dystocia.” Simply put, Should Dystocia occurs when a baby’s shoulder, during delivery, gets caught on the mother’s pelvis. This creates a difficult situation in terms of getting the baby out without injury, and can often lead to the delivering doctor, midwife or nurse using excessive traction to “pull” the baby out. If careful planning and preparation have not been done, Shoulder Dystocia can lead to panic and serious injury to the brachial plexus, which is a group of nerves that control various aspects of the baby’s arm and hands. The injury to the brachial plexus can cause several different types of “palsy” including “Erb’s Palsy.” In many cases, brachial plexus injuries resolve themselves early and the child has no permanent or serious injury. In some cases, though, the actions of the doctor or others on the labor and delivery team are careless, and the resulting injury is permanent and serious; making a legal claim for negligent medical mistakes a possibility.

If your baby’s arm appears to have been hurt during delivery at a hospital, there is help. Although all medical mistakes do not rise to the level of “medical malpractice,” I can help you evaluate whether the injury or death of your baby resulted from medical malpractice.

The families of children injured at birth have to deal with huge hardships: financial, physical, and emotional. Some children, as a result of their birth injuries, need intensive care, even for a lifetime, in some cases. If your child was injured during labor or delivery in a North Carolina hospital, contact The Law Offices of Thomas Waitt Pleasant, Toll Free at 888-HELP-156 for a free consultation. There is no risk or obligation, and we can assist you in determining the appropriate course of action. We are able to talk with clients by phone, and also are able to meet with clients in our Raleigh, Wilmington and Fayetteville North Carolina offices.

Medical Malpractice: More Heparin drug mistakes and overdoses at hospital

twp@pleasantlaw.com (Blog Author)3435 — Sun, 13 Jul 2008 08:00:00 EST

The title link will take you to a Wall street Journal article about the recent Heparin drug overdoses, which were similar to the Quaid twins' situation; although with a more tragic result. Two twins died as a result of the medical /medication error in the most recently reported case. Hospitals must be vigilant when administering drugs, especially now that the labeling issues associated with Heparin are now well-known. These recent cases seem to be clear cases of careless medicine. It will be interesting to see whether the hospital will take full responsibility and compensate these familiesfairly; but, more importantly, importantly, it will be interesting to see what, if anything, the hospital will do to prevent tragedies like this from recurring. this seems to be a case where the threat of legal action will likely motivate some much-needed safety reforms so that medical negligence, mistakes and malpractice can be avoided. If you have experienced a drug or other medical error, feel free to contact my office for help. Remember, not all bad medical outcomes are the result of medical malpractice; but we can help you sort out your case and make that determination. You can reach my office Toll free at 888-435-7156. If necessary, we can meet prospective clients in Fayetteville, Raleigh or Wilmington North Carolina.

Allstate, Unum, AIG, State Farm, Conseco, Wellpoint, Farmers, United Health, Torchmark, and Liberty Mutual Top Ten Worst Insurance Companies List

twp@pleasantlaw.com (Blog Author)3391 — Wed, 09 Jul 2008 08:00:00 EST

The link embedded in the title to this blog will take you to a recently compiled report concerning what AAJ (The American Association for Justice) has entitled "The Ten Worst Insurance Companies in America." Not suprisingly, Allstate, Unum, and State Farm are on the list, as are AIG, Conseco, Wellpoint, Farmers, United Health, Torchmark, and Liberty Mutual. If you have had a bad insurance claims experience with any of these companies, you might need an unfair claims practices attorney. If you are in North Carolina, I can help. If you are in another state, I can possibly still help via the association of out-of-state counsel. Call my office toll free at 888-435-7156 to see if we can assist you with your unfair insurance claims practices case.

Some doctors take a reasonable position regarding patients' right to sue

twp@pleasantlaw.com (Blog Author)3329 — Thu, 03 Jul 2008 08:00:00 EST

A recent New England Journal of Medicine Article (link attached to title of this blog entry) discusses the dangers of federal "preemption" of state remedies for injuries and death related to defective medical devices. These physician authors acknowledge the importance, for purposes of furthering patient saftey, of preserving the people's right to legal redress for their injuries in the medical context. It's about patient safety, and common sense tells us that accountability is critical to ensure behavior changes where behavior changes are necessary. Sometimes, unfortunately, the reality is that a complaint or lawsuit (through an attorney) is the only way to get fair compensation for a medical mistake. This is true whether one is hurt or killed by medical negligence (surgical mistakes, failure to diagnose, birth injuries, etc.) nursing home abuse or neglect, or other injury or wrongful death situations. The preemption issue involved in this article is about medical devices, but the principles of preemption have been twisted by certain federal agencies during this curent presidential administration. Particularly, the preemption assertion here is that, if the FDA has approved a medical device, a person injured by that device cannot sue under traditional state remedies. The nuances are a bit more complicated, but the gist is that preemption takes away peoples real right to a trial by jury. So, a person injured in North Carolina would not be able to pursue "regular" injury or wrongful death claims through his or her attorney.

Jury awards $19.6M to injured baby and mother for injuries during delivery

twp@pleasantlaw.com (Blog Author)3321 — Wed, 02 Jul 2008 08:00:00 EST

The title to this blog will take the reader to a story in Newsday online about this recent medical negligence verdict. Cesaerean sections are apparently so common and have been virtually perfected in todays medicine; it is amazing that physicians sometimes ignore the necessity to move forward with performing one in order to avoid this kind of devastating injury. While the verdict amount seems extremely high at first glance, considering what it will take to care for this child, who now suffers from debilitating cerebral palsy, such a verdict is not unreasonable. The high cost of medical care warrants large economic damages in medical malpractice birth injury cases like this. If your child suffered any kind of birth injury or other medical injury during delivery or otherwise, consider having an attorney review your case; particularly if you are struggling financially to give care for the resulting injuries. You may be entitled to compensation. Many cases do not warrant taking legal action, but I can help you make the determination whether legal action is warranted. You can contact my office by calling Toll Free, 888-435-7156. We can arrange to meet for a free consultation in any of our three North Carolina law offices (Fayetteville, Raleigh or Wilmington).

Nursing Homes Sometimes Use Unnecessary and Harmful Tactics to Save Time Due to Understaffing

twp@pleasantlaw.com (Blog Author)3215 — Thu, 26 Jun 2008 08:00:00 EST

The New York Times ran an article on June 24, 2008 regarding nursing homes overuse of medications, in the sense that certain drugs are being given simply to keep residents calm, and to decrease the nursing home residents' care needs. this is sometimes referred to as they "chemical restraint." the interesting point that this article raised was that often the effects of the drug lead family to believe that their loved one is experiencing/developing dementia or Alzheimer's disease. this over use of medications to keep nursing home residents "happy" is part of a pattern seen in nursing homes -- a pattern that is harmful inappropriate. For example, a 2003 study published in the Journal of the American Medical Association found that feeding tubes were used on nursing home residents suffering from dementia and/or Alzheimer's disease in greater proportions, despite that these residents were capable normal feeding methods. The implication is, of course, that these nursing home residents were more easily cared for through the use of a feeding tube. It takes much more time and effort to feed a nursing home resident by normal feeding methods than it does by simply "plugging in" a feeding tube. The problem is, though, that feeding tubes -- if not necessary -- may increase the risk of injury or harm to the nursing home resident. At least at the time of that study, the Medicare reimbursement amount for needing to use arguably provided nursing homes and incentive to use more feeding tubes than was truly necessary because it helped the nursing home make more money. I have also heard anecdotally that some studies have shown that feeding tubes are used as proportionately in the poor/minority nursing home resident population. Perhaps this simply reflects discrimination in care (in other words, nursing home staff finds ways to provide less care for the poor and/or minorities). In any event, families of nursing home residents should carefully consider and evaluate the use of drugs and feeding tubes on their loved one. If you are concerned about nursing home injuries, abuse, neglect, or even a possible wrongful death; feel free to contact my office with any questions. It may be that simply discussing your concerns with the nursing home administration will help. We are available to discuss your matter, and you can reach us to hold free at 888.435.7156.

Nursing Home Transparency Act: Some Hope For Nursing Home Injury/Death Victims and Their Attorneys

twp@pleasantlaw.com (Blog Author)3153 — Mon, 23 Jun 2008 08:00:00 EST

Senator Chuck Grassley (R-IA), Ranking Republican on the Senat Finance Committee, and Senator Herb Kohl (D-WI), Chairman of the Senate Special Committee on Aging, introduced the Nursing Home Transparency and Improvement Act (S. 2641) on Valentines Day 2008. It is the first comprehensive nursing home reform bill since the Nursing Home Reform Act, OBRA '87. Read the statement of the National Citizens Coalition for Nursing Home Reform (NCCNHR) on this bill, as well as press releases from these lawmakers at the link in the title to this blog. As I have stated in other blog entries, this bill is important to nursing home abuse, neglect, injury, and death victims, their families, and their lawyers; whether in North Carolina or other states.

Nursing Homes and Private Equity Investors

twp@pleasantlaw.com (Blog Author)3085 — Wed, 18 Jun 2008 08:00:00 EST

Nursing home chains have worked hard to avoid accountability for their wrongdoing in cases of nursing home abuse, neglect, injury and death. The purchase of large nursing home chains by large private equity groups has, arguably, made accountability more difficult. If you or someone you love has been hurt by a nursing home, the link contained in this title will take you to an interesting article on this subject. This Baltimore Sun article is about the impact and concers about arge private equity groups, such as the Carlyle Group, purchasing nursing home chains. Concerns include the difficulty this can present in holding nursing homes accountable for nursing home injury, wrongful death, abuse and/or neglect. Because so many nursing home chains have grown so much in the recent past, homes in even the most rural areas of North Carolina and other states are often owned by huge nursing home operators. Whether you are in Fayetteville, Wilmington, Raleigh, Charlotte, or any other North Carolina city, the nursing home your loved one is in may be owned by one of these large chains. A bill is pending in Congress that would help vicitms of nursing home abuse and neglect, and their attorneys, hold nursing homes accountable in this regard.

Mild Traumatic Brain Injury: whether the result of delivery room medical error, car wrecks, or another type of accident, these injuries require a unique approach

twp@pleasantlaw.com (Blog Author)2974 — Mon, 09 Jun 2008 08:00:00 EST

The Law Offices of Thomas Waitt Pleasant, PLLC - Toll Free: 888-HELP-156 - “Mild Traumatic Brain Injury” can occur when, essentially, a person’s brain is “shaken” inside the skull, and the brain tissue is affected by its impact within the skull. Our brains are naturally capable of this kind of movement within our skulls. So if someone is in an automobile accident, for example, a car might keep moving, but when the body stops, the brain itself might continue moving inside the skull, impacting the inside of the skull and causing injury. The same thing happens with the injury an infant gets from “shaken baby syndrome.” Conceivably, traumatic brain disorder can occur during a traumatic birth in the hospital delivery room.

The science of this kind of brain damage is complex, particularly considering the tests neurophysiologists use to determine and quantify the existence and nature of such injury. But, despite the complexity of the science of mild traumatic brain injury, cases involving such injuries ultimately boil down to the testimony of friends, family, former employers, and other possible “lay witnesses” who can testify as to the often dramatic change that occurs in life of the injured victim. Despite that mild traumatic brain injury is a more subtle diagnosis from a medical standpoint, its impact can be huge, and in some cases, lasting. Sometimes people with this kind of brain damage don’t recognize it; and many lawyers don’t recognize it, either.

Click on the title of this article to link to a website on traumatic brain injury.

If you have been hurt, whether in a car wreck, truck accident, fall, by a doctor or hospital’s error, look for these signs: transient confusion, disorientation or impaired consciousness; dysfunction of memory around time of injury; and loss of consciousness for less than 30 minutes. Also, looking practically at the changes in one’s life can be evidence, such as personality changes, newly-developed difficulty in doing organizational/executive type work, etc. If your head has been hurt in an accident, you can contact my law office for a free consultation. If you are outside the Fayetteville area, we can meet with clients in our Raleigh or Wilmington offices as well. In some cases, I will travel to your home to discuss your legal case, and whether a lawsuit is appropriate. We can do an initial legal evaluation of your injuries and get you pointed in the right direction.

Surgery Mistakes and Informed Consent: Doctors/Surgeons Must Inform Their Patients of Risks of Surgery; and Adhere to the Standard of Care

twp@pleasantlaw.com (Blog Author)2878 — Sun, 01 Jun 2008 08:00:00 EST

Medical negligence complaints often arise from mistakes made by surgeons during surgery. While some surgeries can be extremely difficult, and the likelihood of bad outcomes high, medical malpractice can and does still occur. A doctor performing surgery must adhere to the standard of care applicable to the physicians in that community, so even if a surgery is difficult, a surgery error can still be made giving rise to a supportable medical negligence lawsuit. Further, when a high probability of a bad outcome is likely from surgery, the doctor's failure to explain the dangers of the surgery (i.e., the patient's lack of "informed consent") can give rise to medical liability, despite that those bad outcomes were a known risk of the surgery. Also, surgery candidates often are not informed that there are different ways to perform certain types of surgeries, with a particular type possibly being more risky. For example, a common shoulder surgery is "rotator cuff repair" surgery. This procedure can generally be done using one of three accepted methods: the "open" procedure, the "mini-open" procedure, or the "arthroscopic" procedure. While with rotator cuff repair the surgeon's own skill and experience may determine which surgery procedure he or she uses, the patient should be informed of the risks, pros and cons of each procedure type. A known risk of rotator cuff repair surgery is "deltoid avulsion," which is when the primary shoulder muscle, the deltoid, detaches after surgery and slumps down. This surgical problem can arise when the surgeon removes too much bone during the repair of the rotator cuff, and the likelihood of this cause may be increased through the use of the "open" procedure. Deltoid muscle avulsion can be a painful condition, and usually requires an additional surgery to correct. A North Carolina medical negligence lawyer can help you with your concerns about surgical negligence, mistakes or errors. A bad outcome does not necessarily mean that medical negligence or malpractice has occurred, but if you or someone you love has been injured, hurt or killed wrongfully as a result of surgery; contact my law office for a free consultation. Our call center and main office is in Fayetteville, but I can arrange to meet with prospective clients at our location in either Raleigh or Wilmington as well. In some cases, I am even willing to travel to your home to discuss your matter. Feel free to contact The Law Offices of Thomas Waitt Pleasant with your medical/surgical error concerns.

Hurt by a Hospital-Acquired Infection: You May Have Medical Negligence Case Against the Hospital or Nursing Home

twp@pleasantlaw.com (Blog Author)2877 — Sun, 01 Jun 2008 08:00:00 EST

Infections transmitted to patients in hospitals and nursing homes can be deadly, and in some instances can be easily prevented. I, unfortunately, had to visit the emergency room at Cape Fear Valley Hospital in Fayetteville, North Carolina; and my wife and I were amazed and disturbed that no less than two "paramedics" did not even use gloves when drawing my blood and inserting or removing my IV line. This is an issue not only regarding the safety of patients, but the safety of the employees, also. Although these employees might have washed their hands before doing their work, they still ran the risk of getting an infection from me (assuming I had something to infect them with).

The larger issue here, though, is that hospital and nursing home acquired infections can be serious and deadly. In some infection cases, a medical negligence claim or lawsuit could be supportable. I recently read about a study published by the New England Journal of Medicine, where 108 hospital Intensive Care Units implemented certain infection prevention procedures, to test the effect on the level of infections in each hospital. The results were pretty amazing: after 15 months, the ICU's where these new precautions were taken completely eliminated catheter-based blood infections. If a person is hurt or killed by an infection from a hospital or nursing home stay, an evaluation by an expert in infectious diseases could reveal that the hospital is liable for the injury or wrongful death. A lawyer whose practice includes medical negligence, errors and mistakes cases can find the proper expert to do this analysis and evaluate the case to see if a lawsuit is justified.

Questions that need to be answered when evaluating such a medical negligence case include: what is the type and origin of the pathogen causing the infection? What is the pathogen's mode of transmission? Did the health care providers and the facility take proper precautions to prevent the spread of the pathogen/infection? Did the doctors, nurses, nursing home, hospital or other health care facility recognize the infection type/pathogen and take proper steps to intervene?

Some infections commonly seen in the hospital and nursing home setting include the notorious methicillin-resistant Staphylococcus aureus (MRSA) and vancomycin-resistant venterococci (VRE). Recently, reports of the antibiotic-resistant "C-diff" infection seem to be on the rise.

I do free medical negligence consultations, and can do so in any of our locations (Wilmington, Raleigh, and Fayetteville). Feel free to contact my office if you believe you have a claim or complaint related to hospital-acquired infection; or a case related to any other kind of harm or death related to medial errors or mistakes.

Getting Medical Records Before Filing a Medical Negligence Complaint Against The Doctor or Hospital: Let's Apply Common Sense

twp@pleasantlaw.com (Blog Author)2858 — Sat, 31 May 2008 08:00:00 EST

An interesting "philosophical" point was raised to me during a recent round of medical malpractice legal research regarding the pre-litigation discovery of medical records by a potential medical negligence plaintiff. Aside from the issue of whether records are discoverable before a lawsuit is actually filed, the issue presents some interesting points to consider. In evaluating potential lawsuits against doctors, nurses, hospitals, and other healthcare providers, injury and wrongful death medical malpractice lawyers should have, and often must have, access to the medial records of their clients (the potential defendants' patient). In some cases, doctors and hospitals are reluctant to provide these records, and might even "drag their feet" in order to deter the possibility of a lawsuit, or to otherwise set up the possibility of the dismissal of a lawsuit that is filed by the medical negligence attorney without his or her having had the benefit of those records to ensure accuracy in the lawsuit papers. Sometimes the reluctance or refusal of doctors and hospitals to turn over the patient's medical records is the result of a more simplistic desire to just "hide" the records. The question of who "owns" the records aside, the reality in these situations is that the healthcare providers are being disingenuous. We all hear the charge that we are in the midst of a major medical malpractice lawsuit problem, with plaintiff attorneys running rampant filing frivolous personal injury and wrongful death lawsuits. If hospitals, nurses, doctors and physicians assistants are concerned about frivolous lawsuits, and if they are concerned about the truth where there is some potential that they have made medical errors that have injured or killed patients; then they should happily produce their records when requested by the attorney for the victim. They will eventually have to be produced once a case is actually filed, so why "hide" the records before a lawsuit is filed? Doctors and hospitals should adjust their attitudes regarding medical records production pre-litigation. Sometimes, the victims of nursing home abuse, medical error/mistake, automobile accidents, and other wrongful death or injury type problems have difficulty getting their own medical records. An attorney can help. This is particularly true with nursing home records, where, despite the laws requiring that the resident's records be provided in very short order, nursing homes are uncooperative in getting the records to the nursing home resident or the resident's family (in cases where the resident has died). Sometimes the lawyer's involvement makes all the difference. Let my office help you if you are having difficulty getting the relevant medical records in your medical negligence case. We have locations in Raleigh, Wilmington and Fayetteville, for your convenience, and are happy to provide a free consultation in cases involving medical errors and mistakes.

Limitations Periods Can Be Tricky In Cases Against Doctors, Nurses and Hospitals for Medical Mistakes

twp@pleasantlaw.com (Blog Author)2851 — Fri, 30 May 2008 08:00:00 EST

If you have a claim against a doctor, nurse or hospital in North Carolina, be careful about the deadlines that apply for bringing suit. They are short, and tricky. Generally, medical malpractice suits must be brought within three years from the date of the last act of the defendant giving rise to the cause of action; or within one year of the date when the injury was or should have been discovered, but not more than four years from the date of the last act of defendant giving rise to the cause of action. N.C. Gen. Stat. §§ 1-15 and 1-52(16) (1996). Foreign object cases must be brought within one year from the date of discovery, but no longer than ten years from the date of the occurrence. N.C. Gen. Stat. § 1-15 (1996). Wrongful death actions based on alleged medical malpractice must be brought within the foregoing period or within two years from death, whichever is shorter. N.C. Gen. Stat. § 1-53 (1996). If you or someone you love has been hurt or killed by the mistake of a doctor, nurse or hospital, you should contact a North Carolina attorney or lawyer who handles medical negligence claims. I am available to discuuss your case free of charge, and have office locations in Wilmington, Raleigh and Fayetteville; and in many cases will travel to you if travel is difficult for you.

Heparin Drug Overdoses In Hospitals: Dennis Quaid Testifies Before Congress

twp@pleasantlaw.com (Blog Author)2846 — Thu, 29 May 2008 08:00:00 EST

Actor Dennis Quaid has been in the news a lot lately, after he and his wife almost lost their two twin children to a gross medical mistake. The hospital gave the twins extreme overdose of a drug known as Heparin, a blood thinner. Apparently, the dose given to each was the adult dose, and equated to something like 10,000 times the correct dose for an infant. Miraculously, the twins' near wrongful death was averted, despite what seemed to be clear medical malpractice. As a result of this experience, Quaid understandably became interested in just how a medical/drug error like this could have occurred. He began studying the problem of preventable medical errors/mistakes. In a recent episode of CBS' "60 Minutes," Quaid cited statistics indicating that as many as 100,000 people are killed each year as a result of preventable medical negligence, more than are killed by automobile accidents and a host of other causes of death. We tend to take for granted the danger involved in taking to the roads in our automobiles, accepting the risk of serious injury or death from an auto accident; but the public seems to be unaware about the extent to which medical malpractice takes lives each year. While this incident did not happen to Quaid in North Carolina, it could just as easily have happened to him in North Carolina. Just because a hospital or doctor is in a larger North Carolina city like Raleigh, Charlotte, Fayetteville, Wilmington, Greensboro or Winston-Salem; it doesn't mean medical mistakes won't happen or aren't common. The link provided is to video of Dennis Quaid's recent testimony to Congress on this issue. Obviously, he has become an impassioned advocate working for change in preventing medical mistakes by doctors, hospitals, nurses, and other healthcare providers.

Dehydrated Nursing Home Patients: Nursing Home Abuse & Neglect Lawyers Can Provide Guidelines

twp@pleasantlaw.com (Blog Author)2809 — Tue, 27 May 2008 08:00:00 EST

Weight loss is the most obvious and critical factor in determining whether the nursing home is properly feeding and hydrating the resident-patient. There are industry standards and guidelines that can be used to determine whether the rate and amount of weight loss is acceptable, and these are a good starting point for determining whether there is a problem. If the nursing home staff tells you that the weight loss is because the resident just won't eat, know that this is, in itself, not an acceptable excuse. If a resident is not eating, it could be because he or she is not getting the proper help. Stroke and dementia victims, for example, require a lot of patient help: patience and help an understaffed nursing home might be unable/unwilling to give. Stories of nursing home staff leaving trays of food beside residents' beds, out of reach, are not uncommon. There is rarely a good excuse for resident weight loss, and you should "investigate" when weight loss is significant in accordance with the above guidelines. In some cases, nursing home residents may actually have a feeding tube. Amazingly, some feeding tube patients still lose weight. There is virtually no excuse for this. The nursing home controls the quantity of food, and should ensure that the resident receives proper nutrition. Residents on feeding tubes often lose weight when staffing is inadequate, and the work required to ensure proper feeding tube feeding is simply not done. For example, in some patients the feeding must be stopped and started again at certain intervals, which requires more monitoring. If your loved one is a patient in a nursing home, and suffering from weight loss, contact my office for a consultation. We can discuss the weight loss guidelines and other issues in your case, and make a determination as to what to do.

Harmful Care Rampant in Nursing Homes According to Official

twp@pleasantlaw.com (Blog Author)2714 — Sat, 17 May 2008 08:00:00 EST

This link takes you to an article from McKnights regarding the substandard care people are getting in nursing homes. Unfortunately, this appears to be the case in North Carolina nursing homes as well, giving rise to lots of nursing home abuse/neglect/injury and wrongful death claims. Statements have been given to Congress about the recurring and apparently systematic abuse and neglect in nursing homes. "More needs to be done to stop 'egregious instances of poor care,' said ... the chief counsel to the Department of Health and Human Services' inspector general."

When the Nursing Home Claims Pressure Sores are Inevitable or Unavoidable

twp@pleasantlaw.com (Blog Author)2665 — Mon, 12 May 2008 08:00:00 EST

Often when I am reviewing potential Nursing Home Abuse, Neglect, Injury or Wrongful Death cases, the client tells me that the nursing home involved has told them that (with respect to the particular resident's pressure sores) pressure sores or pressure ulcers are "inevitable" or "unaviodable." Depending on the severity of the pressure sore (i.e., Stage 3, Stage 4, etc.), this kind of sentiment may or may not carry much weight. For example, Stage 4 pressure ulcers are almost never unavoidable if proper care is given. I believe nursing homes inform the family of a resident suffering from pressure sores that those pressure sores are inevitable in order to discourage the family members from realizing that improper care is being given. The Medicare Regulations applicable to nursing homes actually do make use of the term "unavoidable" in the context of pressure sores. However, the unavoidability of pressure sores is absolutely dependent upon the nursing home facliity's first having provided and exhausted all possible care interventions before a pressure ulcer can be classified as unavoidable. If a pressure sore is not unavoidable, there is liability. So, lawyers examining nursing home claims should pay close attention to the available guidance for nursing home surveyors in this respect. Again, before a nursing home lawyer can claim on behlaf of his nursing home client that a pressure sore was unavoidable, he must first be sure that all necessary treatment was given. Until that point, "unavoidability" is not even a factor. This is true whether the nursing home is in North Carolina or in another state - as long as the facility accepts Medicare Reimbursements, it is subject to the Medicare Regulations, and the previous analysis applies. A careful analysis of pressure sores in a nursing home cases is very important. There are pressure sores involved in almost every Nursing Home Neglect or Wrongful Death case I screen, and most often these pressure sores have resulted in serious infections (e.g., sepsis or blood infection). If you or someone you love is in a North Carolina nursing home and having problems with pressure ulcers, whether in a facility in the Raleigh, Wilmington, Fayetteville, Charlotte, Greensboro, or Winston-Salem area; feel free to contact my office for assistance evaluating your rights.

Pressure Ulcers in Adults: Prediction and Prevention (Nursing Home Clinical Practice Guidelines)

twp@pleasantlaw.com (Blog Author)2658 — Sun, 11 May 2008 08:00:00 EST

I am attaching a link to the "Quick Reference Guide" regarding pressure ulcers, which occur in nursing homes pretty commonly (but inexcusably) in my opinion. These shorter clinical practice guidelines, along with the full-length guidelines, are found at the U.S. Department of Health and Human Services website. If you or someone you love was injured via pressure sores/ulcers from neglect in a nursing home, you might check out these guidelines. They should apply to North Carolina nursing homes as a "standard of care" for preventing, assessing and caring for pressure sores. If you have recently put a loved one into a nursing home, you might consult these guidelines to help ensure your loved one is being properly cared for so as to prevent pressure sores/ulcers from developing. Pressure sores are serious, hurt badly in some instances, and can even be deadly if they become infected. If you are in the Raleigh, Fayetteville, Wilmington, Charlotte, or other North Carolina areas; feel free to contact me if you have questions about pressure sores or other nursing home questions.

Injuries From Nursing Home Falls Can Be Difficult Cases

twp@pleasantlaw.com (Blog Author)2617 — Wed, 07 May 2008 08:00:00 EST

As a Nursing Home Abuse/Neglect Attorney I am often presented with cases involving falls and related injuries in nursing homes. At first glance, many of these cases appear to be cases of solid liability. It is important, however, to analyze nursing home fall cases closely. Take, for example, the situation where a nursing home resident falls from bed, and is injured. In many cases, no bed rails are used to keep a resident from falling. This is because there is constant tension between the requirements that nursing homes not unnecessarily restrain their residents; and the need to prevent residents from falling and injuring themselves. Further, bed rails can in many instances themselves cause injury (for example, when a resident gets caught in a bed rail and sustains injuries to limbs, or even gets choked). Nursing homes, in order to avoid liability, may take other actions to reduce or eliminate the potential for injuries from falls for their nursing home residents. For example, even when bed rails are inappropriate for a particular nursing home resident, a lowered bed, or even an additional mattress on the floor, might be an acceptable and relatively safe solution. Alarms attached to the resident which detect a resident's movement can also be used in order to alert staff that a resident is attempting to get out of bed. Obviously, this should trigger a staff response to assist the resident with his or her needs. Unfortunately, none of these measures can ultimately totally prevent the risk of falls and fall injuries in nursing homes where the nursing home is understaffed or inattentive. If you or a loved one has fallen in a nursing home, don't jump to conclusions about nursing home liability for injuries or death related to that fall. Consider contacting a North Carolina Nursing Home Injury, Abuse, Neglect or Wrongful Death Attorney for assistance in evaluating the situation and making a determination as to whether you have a claim against the nursing home.

Medicare 2008 Action Plan for Nursing Home Improvement Released

twp@pleasantlaw.com (Blog Author)2611 — Wed, 07 May 2008 08:00:00 EST

Medicare report outlining plans for improvement in nursing homes, including North Carolina nursing homes. This should be of interest to nursing home abuse and neglect lawyers in North Carolina and in other states.

Detecting Nursing Home Abuse or Neglect Is Not Always Easy

twp@pleasantlaw.com (Blog Author)2580 — Sat, 03 May 2008 08:00:00 EST

I recently had a client (who holds power of attorney for her loved one) see her loved one's "Stage 4" pressure ulcer (bed sore) for the first time, despite that the loved one had suffered from this avoidable injury for more than a couple of months. It wasn't through lack of concern or care, it was apparently just that throughout the whole ordeal, nobody ever thought about showing it to her, and, frankly, she did not understand how serious the pressure sore was. She was practically in tears after seeing it. Pressure sores/ulcers can get grotesquely large and deep, and clearly cause the nursing home resident much pain and suffering. I hear time and time again from nursing home abuse, neglect and wrongful death clients that they were totally unaware that their loved one was suffering from such a wound. Often, the hospital "blows the whistle" when the nursing home resident is admitted to the hospital (often due to healthcare emergencies related to neglect while in the nursing home, and sometimes emergencies related directly to the pressure sore itself). If you have a loved one in a nursing home, try to be involved with that person's care. Be there for changings, etc., so that wounds will be exposed. People with questions about pressure sores that develop in nursing homes in North Carolina should contact a nursing home injury, abuse, neglect or wrongful death attorney/lawyer.

Nursing Home Attorneys Often See Medical Malpractice As Well

twp@pleasantlaw.com (Blog Author)2563 — Thu, 01 May 2008 08:00:00 EST

In screening nursing home injury, accident, abuse, neglect and/or wrongful death claims, lawyers often see claims that are really more traditional medical negligence or medical malpractice type claims. Suppose a loved one goes to a North Carolina rehabilitation facility or nursing home for rehabilitation following a stroke. The treatment that resident gets as that nursing home could be substandard or negligent; and the resident may end up injured or in serious jeopardy health-wise. That nursing home resident could end up in a hospital's intensive care unit, and then later be inappropriately (e.g., too early) transferred out for further rehabilitation. A seriously or critically injured or ill person transferred to another facility can sometimes be put in worse shape just through the trauma of travel. This can lead to a medical malpractice claim against the hospital itself for prematurely and negligently releasing this patient to a nursing home. If you have a loved one who is being released from a hospital before you think it is time, pay close attention, and consider contacting a North Carolina lawyer for help if you feel the hospital or medical facility is not doing the right thing.

Unfairly Delayed Insurance Claim Payments Can Result in Large Insurance Damages Award

twp@pleasantlaw.com (Blog Author)2561 — Thu, 01 May 2008 08:00:00 EST

This link leads to a story about Montana's largest insurance "bad faith" or unfair claims practices verdict. When an insurance company is denying or delaying insurance money unfairly, that conduct can lead to this sort of result: a $5.3 million verdict for the insured policyholder. In this case, the delayed payment resulted in the policyholder's inability to get medical treatment for personal injuries sustained in a car accident. These kinds of problems have a real impact on people who have been hurt in accidents. If you are having a problem with an insurance company, contact my office. I am a North Carolina insurance attorney, and can help.

Medical Negligence and Nursing Home Lawyers Not Surprised by Results of Understaffing

twp@pleasantlaw.com (Blog Author)2479 — Fri, 25 Apr 2008 08:00:00 EST

One of the most common things I hear as a nursing home abuse and neglect lawyer in North Carolina is family members talking about how, when they were visiting their resident before he or she died as a result of the nursing home's neglect or abuse, they could never seem to find a nurse or other skilled medical care giver around when needed. This especially seemed to be the case on weekends and after hours. If you are concerned about the care your family is getting in a nursing home, you should make frequent after-hours visits to ensure adequate staffing. Nursing homes these days are extremely profit driven, and make budget descisions about staffing that are not necessarily tied to patient care needs. As a nursing home abuse, neglect and wrongful death lawyer, I am generally not surprised to hear these kinds of comments from family members. This is happening in many nursing homes in North Carolina, from Charlotte to Raleigh to Wilmington, and Fayetteville in between. If you suspect understaffing at the nursing home where your loved one resides, contact a lawyer who can help you determine whether the law is being broken.

Insurance Unfair Claims Legal Victory Versus Fireman's Fund Insurance

twp@pleasantlaw.com (Blog Author)2445 — Mon, 21 Apr 2008 08:00:00 EST

This story should give wronged insurance policyholders some encouragement; and insurance companies pause. After a long fight, a Montana jury saw through this insurance company's tactics, and used its power to right the wrong. Sadly, this kind of story is not uncommon in the realm of insurance claims. Insurance lawyers and their clients must sometimes endure substantial delay in getting fair treatment on an insurance claim. Fortunately, this insurance bad faith lawyer was able to stick it out. This kind of conduct is not limited to other states, of course; insurance companies sometimes adjust insurance claims in a similar manner in North Carolina.

Nursing Home Arbitration Clauses Present Special Issues

twp@pleasantlaw.com (Blog Author)2437 — Sun, 20 Apr 2008 08:00:00 EST

I don't support the enforceability of arbitration clauses in consumer type contracts generally, because in virtually every instance, they are signed without any understanding whatsoever on the part of the consumer. In many instances, admissions to nursing homes are under circumstances that give the consumer no time to read or reflect upon the content of what are often long and detailed nursing home contracts of admission. Many of those I speak with about nursing home abuse and neglect cases tell me that they were not even really given an option when the time came for their loved one to be released to a nursing home from the hospital. Often, this is simply because there are not beds available in enough nursing home facilities to allow choice. A growing issue that nursing home abuse and neglect attorneys have to deal with is challenging the arbitration clauses that nursing homes are putting into their contracts. Nursing home abuse and neglect lawyers should work hard for their clients to avoid these clauses, and preserve their clients' right to a fair jury trial. The review of nurising home arbitration clauses should be iuncluded in the service provided by any North Carolina (Raleigh, Wilmington, Fayetteville) nursing home abuse or neglect (or wrongful death) lawyer or attorney.

Auto Accident Insurance (Underinsured Motorist Coverage)

twp@pleasantlaw.com (Blog Author)2436 — Sun, 20 Apr 2008 08:00:00 EST

If you are ever in an automobile accident, be sure your attorney understands how uninsured and underinsured motorist insurance coverage works. It is not uncommon for damages to exceed the amount of coverage available when there is a catastrophic automobile accident with personal injury or wrongful death. All purchasers of automobile insurance are required to be given the option of purchasing uninsured/underinsured motorist coverage when they buy their liability automobile insurance policy. If the insurance company does not offer the insurance and get the purchaser to sign a form (provided by the NC Rate Bureau), then that policyholder is automatically considered to have the maximum uninsured/underinsured motorist coverage. If you have been in an auto accident in North Carolina, whether in Wilmington, Fayetteville, or Raleigh, you should have an attorney review the coverage available so that your claim can be evaluated and the proper course of action determined.

Nursing Home Shell Game

twp@pleasantlaw.com (Blog Author)2284 — Fri, 04 Apr 2008 08:00:00 EST

North Carolinians who have experienced the nursing home abuse or neglect (or wrongful death) may be interested to know that nursing home cases/lawsuits are unusual in many ways, but particularly with regard to the element of "business law" that comes into play due to nursing home chains' attempts to avoid liability by setting up complex corporate structures. To be more specific, in order to avoid ultimate liability, larger nursing home chains are commonly taking all assets out of the actual licensed facility corporation/entity. For example, a separate corporation, affiliated with the nursing home chain, owns that real estate (building and land) from which the nursing home operates. That nursing home affiliate then leases the real estate to another "holding" company who then sub leases the nursing home real estate to an operating company that holds the license with a state such as North Carolina. Also, the "holding" company hires other corporations to provide virtually all the services, equipment and other facilities necessary to run the nursing home. In some cases, these outside companies are merely companies the nursing home chain has itself set up, and which it runs itself. The actual operating nursing home facility will pay rent, equipment leases, and charges for management and other services, and the money flows up to the top. Often all significant profits are "drained" up the ladder in this way by charges that are significantly above market value. It is a sort of "money laundering" used to squeeze everything possible out of the licensed facitlity (which will be the most clear target of any nursing home abuse or neglect (or wrongful death) lawsuit. These types of schemes make handling these cases much more difficult; but the web can indeed be unraveled by a tenacious and dedicated nursing home abuse and neglect (or wrongful death) attorney. Once unraveled, the possibility of actually being able to collect a judgment from a nursing home abuse or neglect lawsuit is increased. If you are in North Carolina and have a loved one who has been injured or killed through the abuse or neglect of a nursing home, feel free to contact my office for a free consultation.

Nursing Home Wrongful Death in UK

twp@pleasantlaw.com (Blog Author)2246 — Mon, 31 Mar 2008 08:00:00 EST

Apparently the same problems exist in the UK that exist in nursing homes in the United States. This recent article, published in a UK periodical, highlights the kind of wrongdoing seen all too often in nursing home abuse and neglect cases in the United States; including forging records to conceal improper or lack of care, and retaliation against residents who complain. Unfortunately, as in this case, skilled nursing care requirements often force family, as a last resort, to put their elderly loved one into a nursing home. When that happens, though, the family should be able to expect reasonably that the nursing home will do its job. Medicare regulations are strict and plenty, but nursing homes often cannot comply due to understaffing imposed on management by upper-management's unrealistic budget constraints. The kind of behavior/care outlined in this article demonstrates the result. Hiring a nursing home abuse/neglect lawyer adn pursuing remedies through the courts is sometimes the only way to deter this kind of conduct by nursing homes.

Underinsured Nursing Homes

twp@pleasantlaw.com (Blog Author)2235 — Sat, 29 Mar 2008 08:00:00 EST

A recurring problem in nursing home abuse cases is the lack of insurance coverage. In some instances, insurance coverage exists, but is a "wasting" insurance policy that reduces by defense costs/attorney fees in the event of a lawsuit. The problem, of course, is that this situation can leave the victims of nursing home abuse and neglect without any redress for their injuries (or the victim's loved ones, in the case of a nursing home wrongful death case). Justice is not all about money, but the reality is that, in the cases worth pursuing, the defendant nursing home often has no regret and no incentive the change. Indeed, problems in nursing homes are generally the result of understaffing, driven by unrealistic budget constraints. This seems to happen most often with large nursing home chains, which have actually become the rule, rather than the exception -- the bottom line is that the nursing home business is big, profitable business. Physicians, such as nursing home "medical directors" often don't realize that they are not even covered by insurance for their actions on behalf of the nursing home; and when there's abuse or neglect (and a lawsuit), their responsibilities under the applicable state/federal regulations for nursing homes makes them a likely defendant. Perhaps medical directors' liability will force them and the industry to re-think insurance coverage for personal injury, abuse, neglect and/or wrongful death related to nursing home abuse.

Increases in Fines Against Nursing Homes?

twp@pleasantlaw.com (Blog Author)1887 — Sun, 17 Feb 2008 08:00:00 EST

On February 14 2008, McKnight's news reported that, under a new bill that was set to be introduced in the U.S. Senate that day,Nursing home operators with severe care deficiencies could face civil money fines up to $100,000 - 10 times the current maximum. The bill would also address another critical issue with nursing homes, an issue that is particularly important in nursing home abuse and neglect cases: nursing home ownership transparency. The bill would add to the government Nursing Home Compare website information on facility ownership, special-focus facilities, standardized complaint forms and nursing home inspection reports. These reforms are much-needed, and will help those with nursing home abuse and neglect cases in North Carolina and elsewhere. As a nursing home abuse lawyer in North Carolina, unraveling ownership to determine who really runs the nursing homes is a critical issue.

Hiring a Nursing Home Abuse Lawyer

twp@pleasantlaw.com (Blog Author)1842 — Mon, 11 Feb 2008 08:00:00 EST

If one has sufficient evidence of nursing home neglect or elder abuse against a loved one, that person has to then decide on a nursing home abuse lawyer or attorney. There are a number to choose from in North Carolina. I personally am willing to handle nursing home abuse and neglect cases throughout North Carolina, including cases in Charlotte, Raleigh, Wilmington and Fayetteville, North Carolina, to name a few places. At this time, my practice model allows me the freedom to spend larger amounts of time on cases, giving clients more personal attention than some of the larger more "high volume" practices. I usually meet personally with the right nursing home abuse/neglect clients, and am willing to travel throughout North Carolina to do so.

Consider that one of the most important factors in hiring a nursing home abuse or nursing home neglect lawyer, as with hiring any personal injury or insurance lawyer, is the lawyer's patience with the client. The legal process can be scary to clients, most of whom have never had any experience with lawsuits; and certainly not with complicated nursing home abuse or neglect cases. Studies have shown that clients most want a "patient teacher" in their lawyer; and what jurors need in courtrooms is an instructor as well. In complicated cases like nursing home abuse/neglect cases, there is a lot of complicated material that must be well-organized and presented so that everyone can understand it.

Consider also that effective advocacy is primarily determined by dedication and tenacity, not necessarily by intimidation/boistrousness. The jury science, I think, bears out that jurors are turned off by lawyers who bully and intimidate, anyway.

Over 4000 Nursing Homes Identified as Substandard

twp@pleasantlaw.com (Blog Author)1826 — Fri, 08 Feb 2008 08:00:00 EST

The Center for Medicare and Medicaid Services (CMS) today named 4,037 nursing homes with deficiencies related to both pressure sores and/or restraint rates. CMS says these nursing homes' quality measures in at least one of two areas -- physical restraints among long-stay residents and pressure ulcers among long-stay, high-risk residents -- substantially exceed CMS improvement targets. Being a North Carolina nursing home abuse and neglect lawyer, I suspect that my office will see cases from the nursing homes on tihs list. There are indeed quite a few North Carolina nursing homes that made the list. If you or someone you know/love is having nursing home abuse or neglect problem, check out the list at http://www.cms.hhs.gov/QualityImprovementOrgs/
Downloads/NursingHomeChart.pdf

Life Care Plans for Future Care in Personal Injury Cases Add Up

twp@pleasantlaw.com (Blog Author)1814 — Wed, 06 Feb 2008 08:00:00 EST

Often in personal injury lawsuits or cases, the cost of continued care is the single biggest part of the damages awarded by a jury, or the amount for which that personal injury case is settled. For example, an Arizona jury recently awarded a 15 year old Arizona boy and his parents about $9.14 million. Much of this verdict had to with the seriousness of the traumatic brain injuries suffered by this boy, whose future medical costs were estimated at up to $3.5 million. Additionally, this boy’s loss of earning capacity was a substantial estimated $2.12 million. People are often upset by large jury verdicts, but fail to consider the true economic reality that often results from other’s negligence or carelessness in personal injury or wrongful death cases. These verdicts are not driven by greed or irrationally on the part of lawyers or jurors. These verdicts are made up, in my opinion, most often of amounts designed to truly and fairly compensate personal injury and wrongful death plaintiffs. Plaintiffs must back these figures up through the use of testifying experts who understand the cost implications of these personal injuries and the treatment that is expected and necessary.

$1.68 Million Verdict for Correction Officer in California

twp@pleasantlaw.com (Blog Author)1813 — Wed, 06 Feb 2008 08:00:00 EST

The December 2007 Law Reporter (Published by the American Association for Justice) outlines the details of a recent disability discrimination case filed by a County Juvenile Detention Facility worker who was awarded $1.68 million in damages related to her employer's failure to accommodate her wrist disability. The plaintiff, who had been earning about $43,200.00 per year, came away with damages that high probably for a number of reasons. First, in employment law cases, future expected income can often be substantial. In this case, the plaintiff's future expected lost income was $360,000.00. Also in employment law cases, generally the plaintiff is able to recover past lost income as of the time of trial; and in this particular case that amount was $69,000.00. This plaintiff also had lost her health insurance benefits, which were apparently substantial. Most importantly, probably, were emotional distress damages related to the case. The employer in this case repeatedly over a number of years failed to accommodate this employee's disability, which aggravated the injury due to the job duties required. The worst part, however, is that the employer finally terminated the plaintiff while the plaintiff was on leave for treatment of a breast cancer condition, and only after plaintiff finally complained about her employer's failure to accommodate her wrist disability. Most federal employment law protections for employees also contain "anti-retaliation" provisions. In many cases, even if the employer has not violated the statute itself (e.g., by actually discriminating in violation of the law), but the employer terminates an employee for complaining or "blowing the whistle", then the employer is liable for retaliation if it takes any adverse employment action against the employee. These seem to be some of the best employment law cases. These retaliation provisions are important to the enforcement of employment law protections for employees and to protecting employees' rights under the law. The jury's verdict in this case demonstrates the importance of employees being able to report or complain about what is perceived to be discriminatory treatment. Employment law retaliation provisions also pave the way for employees to work with employers to ensure fairness under those laws.

$1.9 Million Settlement to Man Killed by Drunk Driver

twp@pleasantlaw.com (Blog Author)1812 — Wed, 06 Feb 2008 08:00:00 EST

AAJ's Law Reporter (December 2007) recently reported a $1.9 million dollar settlement to the family of a man killed by a drunk driver who was driving in the course and scope of his employment. This case shows that the consequences of driving under the influence don't stop with criminal problems for drunk drivers. In this case, the defendant was employed by his parents who were also exposed to serious liability for negligently entrusting the vehicle to their son who apparently had a history of drinking and driving. Also, because the defendant in this case had been entrusted with the car by his parents (who had some knowledge of his drinking propensities), his parents had liability for personal injury and/or wrongful death under the "vicarious liability" theory. In this case, not only was the defendant drunk driver exposed to potential criminal liability; but his actions also exposed he and his parents, and their business to wrongful death liability. This case was a Louisiana case, but the size of this personal injury verdict should give parents, business owners, and especially drunk drivers in North Carolina pause as well.

Threat of Personal Injury from Dog Bites in Fayetteville North Carolina

twp@pleasantlaw.com (Blog Author)1811 — Wed, 06 Feb 2008 08:00:00 EST

There have been a number of serious dog bite/attack reports (and related personal injuries) in the Fayetteville, North Carolina area recently. Often, as one would expect, the dogs involved in these cases are often of a "dangerous breed," such as pit bull, etc. People often seem unaware of how dangerous these dogs can be, and do not take adequate safeguards to protect others from their dogs. Sometimes people believe that because their dogs have good demeanor around their owners, that they don't pose a threat to others. While people certainly have the right to own dogs, in order to avoid liability for personal injury to others, they have to do things to protect the public such as install fences, diligently use leashes, etc. If someone has been bitten or injured by another's dog, in a personal injury lawsuit special laws on the books can help injured plaintiffs recover. There are, for example, special laws dealing with attacks by dogs of a breed known to be dangerous (like pit bulls). Because of these laws, liability for personal injury resulting form a dog attack is increased. The law in most places also makes it easier for an injured personal injury plaintiff to recover where a dog's owner knew of dangerous tendencies of the dog or dogs. If you have been injured through a dog bite/attack, a personal injury attorney or lawyer can help you understand the protections and rights that arise from the dog bite laws in North Carolina.

Insurance Companies Act in Bad Faith When They Set Goals for Cancellations or Pay Bonuses Based on Cutting Claims

twp@pleasantlaw.com (Blog Author)1810 — Wed, 06 Feb 2008 08:00:00 EST

The Los Angeles Times recently reported that the State of California fined Health Net Inc. over $1 million for setting goals for its adjusters based on the cancellation of benefits. Apparently, Health Net also paid bonuses at least partly based on how many policy holders were dropped and the money saved as a result. In the insurance law realm, doing this sort of thing is not acceptable, and in most cases, in my opinion, likely constitutes insurance bad faith and may also violate the applicable unfair insurance claims practices laws (in North Carolina and other states). Insurance companies are certainly entitled to make money, but on the claims side, claims adjusters and those with the power to cut benefits cannot be given incentives to stop benefits, reduce coverages, or deny claims. These kinds of incentive programs are not new: California also fined disability insurance giant UNUM Provident several years ago (somewhere around $15 million), in part, I believe, for engaging in some of the same types of activities. This Health Net scandal appears to be more of the same in the way of insurance bad faith and insurance unfair claims practices.

USA Today Report: Nursing Home Abuse/Neglect On the Rise?

twp@pleasantlaw.com (Blog Author)1809 — Wed, 06 Feb 2008 08:00:00 EST

Another signal that nursing home abuse and nursing home neglect is likely on the rise in North Carolina and other areas can be found in a USA Today report in December of last year, a report that states that nursing home citations increased 22% from 2000 to 2006. These were not frivolous citations, either: these were citations for "putting patients in 'immediate jeopardy." USA Today concluded this based on records from the U.S. Centers for Medicare and Medicaid Services (CMS), which regulates nursing homes that accept Mediare and Medicaid. This report on nursing home abuse does suggest that perhaps it is merely that more nursing home violations are being found, as opposed to incidents of nursing home abuse being on the rise. In any event, an increase in these kinds of claims could be on the rise as a result. In my opinion, this signals the need for families to be vigilant about their loved ones who are in nursing homes, and to get help from a nursing home abuse/neglect lawyer if abuse is suspected. The full article can be found at: http://www.usatoday.com/news/nation/2007-12-18-nursinghomes_N.htm?POE=click

More Nursing Home Abuse/Neglect Concern from TN

twp@pleasantlaw.com (Blog Author)1807 — Wed, 06 Feb 2008 08:00:00 EST

Drastic nursing home abuse and nursing home neglect legislative reform is being proposed in TN. PR-Inside.com recently reported that State Sen. Jim Tracy (R-Shelbyville) and state Rep. Randy Rinks (D-Savannah) introduced the bill last week that would severely restrict the rights of nursing home victims and their families to seek relief for nursing home abuse/death. This appears to be regardless of how serious the injury or violation of law. The type of neglect and abuse recently documented in TN nursing homes, the story says, ranges from maggots in wounds to untreated broken bones to rape. This is pretty scary stuff. Nursing home lawyers in North Carolina and elsewhere should be concerned about this trend, in terms of the negative effect it will have on relief for their clients abused, injured and/or killed in (or by) nurinsg homes. The nursing home industry is well-financed, particularly with some of the private equity invesetment we are seeing as to some of the larger more profitable groups. The full article can be found at: http://www.pr-inside.com/proposed-legislation-
strips-nursing-home-r421402.htm

TN Tort Reform: Bad for Nursing Home Abuse & Neglect Victims and Their Families

twp@pleasantlaw.com (Blog Author)1797 — Sun, 03 Feb 2008 08:00:00 EST

As the nursing home industry seeks to limit "non-economic" damages in nursing home abuse and nursing home neglect (and wrongful death cases resulting from nursing home abuse and neglect), one wonders what will be left to deter the rotten conduct happening in nursing homes these days. Without non-economic damages such as punitive damages, large corporate interests operating many of these facilities these days will have little incentive to change their ways (e.g., budget pressure on nursing home administrators, resulting in severe and dangerous understaffing in some nursing homes; which equals nursing home abuse, neglect and wrongful death in many cases). One argument the nursing home industry is using is that liability costs cause unnecessary expense that could be spent hiring more staff. Unfortunately, we have seen that the nursing homes (especially the large chains we are now seeing) already have plenty of money to beef up staff. Limiting non-economic damages in nursing home cases will also devalue the true pain and suffering to which many vicitims of nursing home abuse or neglect are subjected. The following article discusses the pending proposal in TN. Hopefully, North Carolina nursing home abuse cases will not be limited. http://www.knoxnews.com/news/2008/feb/03/
nursing-home-industry-wants-limits-in-lawsuits/

Insurance Law: Allstate Would Rather Pay $25,000 PER DAY than Release McKinsey Documents

twp@pleasantlaw.com (Blog Author)1749 — Sat, 26 Jan 2008 08:00:00 EST

The AAJ News digest recently reported that Florida has banned Allstate from even writing any new business in that state, due to Allstates defiant refusal to turn over the infamous "McKinsey Documents" that tend to show institutional insurance bad faith at Allstate. These are the documents that show how McKinsey, hired as consultants to improve Allstate's financial performance, showed Allstate how to save money by systematically and improperly, in the opinion of many, by cutting insurance claim payouts and treating claimants unfairly. Clearly, Allstate realizes that North Carolina insurance lawyers (and other insurance lawyers throughout the country) will benefit dramatically from having these documents in insurance unfair claims practice and insurance bad faith cases. These documents show the "why" behind the unfair insurance claims practices in many cases, and are apparently explosive enough to justify to Allstate (financially) not only paying a huge daily fine; but also to lose the revenue and profits from selling new policies in Florida. If these documents are available to insurance lawyers in other insurance claims cases, jurors may be more likely to punish Allstate for what can be perceived as corporate greed at the expense of its policyholders.

Insurance Law: $8.5M Verdict Against State Farm Upheld

twp@pleasantlaw.com (Blog Author)1748 — Sat, 26 Jan 2008 08:00:00 EST

A Missouri court of appeals recently upheld a verdict worth nearly $8.5 million against State Farm Mutual Automobile Insurance Co. The court held that State Farm Insurance Company denied a stolen-car insurance claim filed by a Kansas City policyholder. State Farm accused the policyholder of stealing the car, and later ushed to have county prosecutors file criminal charges against the customer and an acquaintance. From reading this decision, it seems pretty clear that the insurance company did not give this claimant the benefit of the doubt. Actually, the record in the case reflects that State Farms went out of its way to ignore evidence that tended to show that the insurance claimant was not guilty. This is an interesting case for insurance lawyers, particularly those handling insurance unfair claims practices or insurance bad faith cases. There is more to the story. The story was reported by Portfolio.com on 1-8-08, and can be read at:
http://www.portfolio.com/news-markets/local-news/&&&&kansascity/
2008/01/08/appeals-court-upholds-85m-verdict-against-state-farm

Perhaps Increases in Quantity and Quality of Staff Would Prevent Nursing Home Abuse and Nursing Home Neglect in North Carolina and Elsewhere

twp@pleasantlaw.com (Blog Author)1747 — Sat, 26 Jan 2008 08:00:00 EST

The story at the link below illustrates one of the fundamental problems with the state of nursing home care in North Carolina and elsewhere in America. Clearly, sufficient profits exist to pay for the quality and quantity of staff necessary to avoid nursing home abuse and neglect. This article deals with a large nursing home company, Atria Senior Living. It is owned by a large Wall-Street investment fund (Lazard) that manages more than $140 billion. While Atria and Lazard rake in billions, many Atria workers who spend their lives caring for fragile and elderly seniors are earning poverty wages. What could be more important than paying sufficient wages to a sufficient number of these "front line" caregivers? Who would you want caring for your elderly family member? I understand "through the grapevine" that, in 2006, Lazard's CEO earned nearly $23 million; and currently has a net worth of more than $2 billion. Atria facility workers, on the other hand, make about $8 to $10 an hour. Atria Senior Living is one of the largest senior living providers in the country, with more than 130 facilities in 27 states. The actual article can be read at: http://www.earthtimes.org/articles/show/
healthcare-activists-call-on-lazard-affiliated-atria-senior-
living-to-stop,259185.shtml

Nursing Home Abuse Statistics Paint Grim Picture

twp@pleasantlaw.com (Blog Author)1667 — Tue, 15 Jan 2008 08:00:00 EST

In 2001, almost 90 percent of all nursing homes were cited by a regulatory agency for a deficiency; and a deficiency translates, of course, into potential (or actual) nursing home abuse. With the expected rise in nursing home residencies (as a result of the "baby boomer" generation) in the future, it would seem that without serious reform/incentives, nursing home abuse will continue to rise. When profits are sufficiently large, some corporations who run these nursing homes become willing to allow a pattern of nursing home abuse in their nursing homes. Punitive damges should be an effective way to deter this kind of conduct; but in North Carolina, punitive damages are currently capped at $250,000.00, or three times compensatory damages, whichever is greater. In cases of substantial harm resulting form nursing home abuse, the punitive damages can be significant. But in many cases, the "cost" of abuse to nursing homes is, unfortunately, worth it to some nursing home operators.

Family Relationships and Nursing Home Abuse

twp@pleasantlaw.com (Blog Author)1666 — Tue, 15 Jan 2008 08:00:00 EST

The nature of the family relationship of a nursing home resident is critical to the success of a nursing home claim. Where there has been abuse of a loved one in a nursing home, one very common defense is to blame the family. Discord among family members can cripple a claim, giving the appearance that the family was not there to support the nursing home resident. This is especially true in situations where a wrongful death claim is brought on behalf of a deceased nursing home resident. In that case (at least under the North Carolina Wrongful Death statute, which is -- of course -- applicable to nursing homes in Fayetteville, NC), the heirs are bringing their claim against the nursing home for their loss of their loved one. Essentially, the loss of the nursing home resident and family member's society and companionship. When a family is portrayed as unloving, this hurts the claim. When family members have not visited the nursing home resident or have otherwise done things to appear not to have cared about the nursing home resident's well being, the claim is hurt dramatically. The nursing home's records will reflect family involvement with the nursing home resident (or lack of such involvement), including family involvement with nursing home staff. Extensive involvement by family members can make a huge difference in the success of a nursing home claim in North Carolina.

On Insurance Claim Fairness

twp@pleasantlaw.com (Blog Author)1538 — Thu, 20 Dec 2007 08:00:00 EST

When considering bringing a bad faith lawsuit, remember that what this is all about is fairness. If someone as consulted an insurance lawyer because his or her insurance company has violated unfair claims practices statutes, or acts in bad faith, or otherwise mishandles an insurance claim; that client is put in a bad position. Now, because this person has had to involve an attorney in order to get paid on the claim, that attorney will have to be paid for his or her time. When an insurance company comes out and decides to pay only after the policyholder hires a lawyer, it does not make the policyholder "whole." At that point, the policyholder is entitled to "extra contractual damages," or, damages beyond what was owed contractually under the policy. For one thing, that policyholder now has attorney fees to pay (if not paid out of pocket already). Also, that policyholder may be entitled to additional damages based on the delays and other conduct involved in the mishandling of the claim. It happens very frequently that an insurance company delays or denies a claim, then coincidentally decides to pay it once the policyholder hires a lawyer. What I try to do as an insurance lawyer is help people understand these issues, and analyze the appropriateness of their claim and the likelihood of recovering damges beyond those owed on the insurance policy itself. I think it is good advice to say that policyholders/claimants should make absolutely sure they are doing everything possible to comply with the policy requirements and cooperate with the insurance company. The worst thing that can happen is that you will get paid.

Incredible Allstate Insurance

twp@pleasantlaw.com (Blog Author)939 — Tue, 21 Aug 2007 08:00:00 EST

Allstate Insurance is appearing in the news a lot lately, and in an unfavorable light. Several articles on my website library attest to the problems this company has.

Article on Nursing Home Injury and Nursing Home Wrongful Death Lawsuit Pioneer

twp@pleasantlaw.com (News Author)8572 — Thu, 14 May 2009 08:00:00 EST

This is an interesting article about one of the earliest pioneers in the area of nursing home abuse, nursing home neglect, nursing home injury and nursing home wrongful death litigation. It is an interesting read, although a fair picture is not presented with respect to some of the quotes from this pioneer's opponents. Nursing home cases often involve serious cases of neglect, leading to totally preventable harm such as pressure sores, dehydration, malnutrition, infections, falls, broken bones (including particularly broken hips), joint dislocations, and death. For more information on nursing home cases in North Carolina (including, but not limited to nursing home medical malpractice cases in Raleigh, Wilmington and Fayetteville), go to www.pleasantlaw.com or call Toll Free 888.435.7156.

Sunbridge Nursing Home Lawsuit Filed

twp@pleasantlaw.com (News Author)8561 — Wed, 13 May 2009 08:00:00 EST

A recent blog post details about a woman who has filed a wrongful death lawsuit against Sunbridge Care and Rehabilitation Center, Sunbridge's parent company and one of its former administrators, alleging that Sunbridge's medical negligence killed her father Ray Combs. Mr. Combs was a resident at Sunbridge Dunbar from April 2004 through December 2005. According to the filed court papers, this nursing home resident suffered from all sorts of problems, including pressure sores, malnutrition, pneumonia, dehydration, multiple bone fractures, contractures, weight loss. Although this was not a North Carolin nursing home abuse case, Sunbridge does operate nursing homes throughout North Carolina.

Family sues nursing home in alleged sex attack

twp@pleasantlaw.com (News Author)8569 — Wed, 13 May 2009 08:00:00 EST

A nursing home abuse lawsuit has been filed by the family of an elderly woman. The lawsuit is reported in an article in a major metropolitan newspaper, and alleges the nursing home failed to protect this lady from being sexually assaulted by another nursing home resident who was mentally ill. The lawsuit allegs that the nursing home administrator tried to cover up a terrible rape by labeling it as sex that was consensual. according to the plaintiff's lawyer. He says this case is the most "flagrant" nursing home abuse case he has ever been involved with. For more information on nursing home abuse, nursing home wrongful death, or nursing home injury in North Carolina, contact The Law Offices of Thomas Waitt Pleasant for a case consultation and/or evaluation. Toll Free 888.435.7156.

Kindred Nursing Homes and Hospitals' Profits Increased in First Quarter 2009

twp@pleasantlaw.com (News Author)8451 — Wed, 06 May 2009 08:00:00 EST

Kindred Healthcare's (which operates nursing homes and hospitals in North Carolina) profits rose 55 percent in the first quarter of 2009 Apparently, Kindred managed its costs a little more closely, especially labor (nursing home staffing and staffing in hospitals is probably the single biggest budget line item). Net income was $22.8 million, or 58 cents per share, compared with $14.7 million, or 37 cents per share, a year earlier. Income from continuing operations, which doesn't include unprofitable hospitals and nursing homes the company has sold, was 57 cents per share, compared with 42 cents per share in the first three months of 2008.

North Carolina Medical Malpractice Case Filed Against Hospital Over Death Of Child

twp@pleasantlaw.com (News Author)8437 — Tue, 05 May 2009 08:00:00 EST

A North Carolina medical negligence case was filed last month in Davidson County Superior Court. This North Carolina medical negligence lawsuit accuses Thomasville Medical Center (a hospital) of medical malpractice, and alleges that the medical mistkaes lead to the death of a child in 2007. The lawsuit names the emergency doctor, Novant Health of the Triad, Forsyth Memorial Hospital and Thomasville Emergency Services PA.

Jury in trial awards damages to brain damaged victim of medical negligence

twp@pleasantlaw.com (News Author)8427 — Mon, 04 May 2009 08:00:00 EST

A jury returned a $12,000,000 verdict in a medical negligence case arising from a procedure performed by a prominent doctor in a state continguous to North Carolina. The negligence arose from a procedure intended to diagnose the patient victim's bowel problems. This young woman was left so brain damaged she now cannot take care of herself.

Justice News Flash: Birth Defect Medical Malpractice Article

twp@pleasantlaw.com (News Author)8417 — Sun, 03 May 2009 08:00:00 EST

Doctors sometimes improperly force a baby’s arm or hand through the pelvis and/or birth canal during delivery, and in that case could be risking damage to the baby’s nerves, causing what is known as Erb’s Palsy or Kumpke's palsy. This happens when the nerves called the brachial plexus (a group of nerves controling movement of the hands and arms) is hurt. Another birth difficulty that is fairly common can result in oxygen deprivation (too little oxygen), and prolonged oxygen deprivation can cause brain injury to the baby.

Nursing Home Dehydration Death - Lawsuit Verdict Sends Message

twp@pleasantlaw.com (News Author)8354 — Wed, 29 Apr 2009 08:00:00 EST

This article recounts some details of a recent nursing home abuse and neglect trial and verdict. The victim was killed by the abuse and neglect of a nursing home. Specifically, the nursing home failed to keep this nursing home resident adequately hydrated. The resident became dehydrated and died. The nursing home patient was not capable of remembering to drink water, and therefore relied on the nursing home staff (nurse's aids, etc.) to ensure he was adequately hydrated. He died within fifteen days of his admission. The jury awarded money for the nursing home resident's pain and suffering before his death, and also to his family for his wrongful death.

Bush Legacy: Rule Enacted Impedes Cases Against Nursing Homes

twp@pleasantlaw.com (News Author)7477 — Tue, 24 Feb 2009 08:00:00 EST

Before its conclusion, the Bush administration cut off a crucial repository of information about abuse and neglect in nursing facilities and other long-term care facilities that are critical to support people's cases against those nursing homes. This change was basically done "on the sly" and without even most attorneys involved in handling cases against nursing homes knowing it. The rule's practical effect is to sheild nursing home inspectors' reports from general public access, requiring the attorneys for victims of nursin home injury, abuse and wrongful death to go to much greater lengths, often impractical, to get to the truth.

Report Finds Concord North Carolina Nursing Home At Fault

twp@pleasantlaw.com (News Author)6930 — Thu, 08 Jan 2009 08:00:00 EST

A North Carolina nursing home may be ordered to pay up to $50,000 in fines for safety violations leading to the death of one of its residents, an Alzheimer's disease patient. The Charlotte Observer reports that the Five Oaks Manor in Concord did not properly monitor this 87-year-old nursing home patient, failing to keep her from wandering onto a loading dock, from which she fell. This publicized example of nursing home neglect will hopefully raise public awareness about the likely cause of this type of incident: understaffing. Contact North Carolina nursing home injury and wrongful death attorney Thomas Pleasant if you have concerns about nursing home abuse or neglect in North Carolina (Raleigh, Wilmington, Fayetteville, or anywhere else in North Carolina).

Study Shows Nursing Home Falls and Fractured/Broken Bones Can Be Prevented

twp@pleasantlaw.com (News Author)6234 — Wed, 05 Nov 2008 08:00:00 EST

A recent online study indicates that nursing homes that take proactive steps (to include tests, medications, etc.) can reduce hip fractures for their nursing home residents.

Medical Malpractice Victory for Baby Whose Brain Was Injured at Birth

twp@pleasantlaw.com (News Author)6131 — Mon, 27 Oct 2008 08:00:00 EST

By North Carolina Medical Malpractice, Injury and Wrongful Death Lawyer Thomas Pleasant. A large metropolitan newspaper reports successful verdict for a baby who was brain injured at birth. Although the verdict was high, the reality, according to the baby's attorney, is that the money is less than it would seem. Generally, the medical care required throughout the life of a brain injured infant or baby is enormous, and damages in these cases tend to be much higher even than in wrongful death cases. Click here for the full story: http://www.chicagotribune.com/news/chi-ap-wi-malpracticeaward,0,6489448.story

Pending: Nursing Home Transparency and Improvement Act of 2008

twp@pleasantlaw.com (News Author)5063 — Wed, 18 Jun 2008 08:00:00 EST

Congress is looking at what some consider to be the most crucial nursing home law in 20 years. Senator Chuck Grassley of Iowa, Ranking Republican on the Finance Committee, and Senator Herb Kohl of Wisconsin, Chairman of the Special Committee on Aging (Two of Congress's leading supporters of nursing home reform), have introduced the Nursing Home Transparency and Improvement Act. Read more via this link to the National Citizens Coalition for Nursing Home Reform. Take action to support this bill, so that nursing home victims and nursing home injury, abuse, neglect and wrongful death lawyers can hold the nursing home industry accountable.

$6 Million Awarded To Family of Patient Killed by Morphine Overdose

twp@pleasantlaw.com (News Author)4891 — Tue, 27 May 2008 08:00:00 EST

The Tuscon Citizen Reports: "A jury awarded a Tucson family $6 million in a lawsuit brought after an ailing 81-year-old relative died of a morphine overdose. Mary Culpepper and two other relatives last month were awarded $2 million each, with the cost to be paid 90 percent by operators of a nursing home, Manor Care Health Services, and 10 percent to be paid by Tucson Medical Center." This event actually happened in a nursing home; but drug overdoses are common medical mistakes made by doctors, nurses, hospitals, and other healthcare providers. Click the link to read the actual article.

Thomas Pleasant Settles Homeowner Insurance Claim Case. Insurer Pays About Double What It Claimed Was Due For House Repairs

twp@pleasantlaw.com (News Author)4848 — Sat, 17 May 2008 08:00:00 EST

Thomas Waitt Pleasant recently settled a fire insurance unfair claims practices case for a client, getting insurance money in an amount that almost doubled what the insurance company originally claimed was due to the homeowner/policyholder. The insurance company ended up paying a total of about $253,000.00 just for the home repairs -- an amount about double what the insurance company originally claimed the repairs would cost.

The home of Mr. Pleasant's client burned on Christmas Eve 2005, when a small portable heater tipped over. The house was uninhabitable. There was no allegation of arson. Plaintiff notified the insurer of the claim on Christmas day. In February 2006, the insurer produced and proposed a dwelling repair estimate from its subcontractor adjuster totaling approximately $123,000.00. Plaintiff contended that this estimate was inadequate and incomplete, and the insurer later acknowledged thiis.

The insurance company's subcontractor-adjuster re-inspected the dwelling in May 2006, for the purpose of revising the first estimate. This subcontractor-adjuster was terminated by the insurer in approximately June 2006, having never revised the estimate. In October 2006, after Plaintiff retained counsel, and over eight months after the loss, the insurer paid the undisputed amount (approximately $123,000.00), based on the first estimate.

The insurer then had a second subcontractor-adjuster inspect the dwelling. This second adjuster produced and proposed a dwelling repair estimate of approximately $124,000.00 (only about $1,000.00 greater than the first estimate). The insurer took the position that this estimate was accurate, and paid the difference between this new estimate and the undisputed amount previously paid. Mr. Pleasant filed suit on the plaintiff's behalf, claiming damages related primarily to the alleged underpayment on the dwelling claim. Plaintiff alleged breach of contract, unfair and deceptive trade practices, tortious breach of contract/bad faith, and other claims.

Insurers playing rough

twp@pleasantlaw.com (News Author)3843 — Fri, 07 Dec 2007 08:00:00 EST

State Farm appeals award

twp@pleasantlaw.com (News Author)3844 — Fri, 07 Dec 2007 08:00:00 EST

"NEW ORLEANS -- State Farm Fire and Casualty Co. is asking a federal appeals court to throw out a landmark $1 million punitive damages award to a Mississippi couple who sued the insurer for refusing to cover Hurricane Katrina damage to their home." From SunHerald.com

Lawyers Guiding Clients Through The Strike Zone

twp@pleasantlaw.com (News Author)3727 — Wed, 21 Nov 2007 08:00:00 EST

"You won't find them on the picket lines, but it shouldn't come as a surprise that attorneys representing film and television writers are playing a key part in the Writers Guild of America strike, which enters its 12th day Friday. The involvement is certainly not comparable (at least not yet) to the five-month 1988 strike, when noted legal eagle Ken Ziffren took a leading role in resolving the dispute, meeting with union officials, studio heads and the studios' chief negotiator Nick Counter to mediate a settlement. Rather, the role many top industry attorneys say they now find themselves in is that of steady adviser, helping clients to navigate the war rhetoric and complex strike rules without unintentionally angering either side." Reuters, 11-16-07

Employment Discrimination Suit to Test Strength of Arbitration Clause

twp@pleasantlaw.com (News Author)3719 — Fri, 16 Nov 2007 08:00:00 EST

"The Supreme Judicial Court recently heard arguments in a case that addresses the tension between the right of an individual to a jury trial on her claims of employment discrimination and the strong public policy favoring enforcement of arbitration agreements. In St. Fleur v. WPI Cable Systems/Mutron, SJC No. 09961, the court will decide if an employee waived her right to a jury trial by signing her employer's arbitration agreement, even where she says she was only presented with the signature page and never saw the entire agreement." David Frank, Massachusetts Lawyers Weekly, 11-13-07

Health Insurer Tied Bonuses to Dropping Sick Policyholders

twp@pleasantlaw.com (News Author)3720 — Fri, 16 Nov 2007 08:00:00 EST

"One of the state's largest health insurers set goals and paid bonuses based in part on how many individual policyholders were dropped and how much money was saved. Woodland Hills-based Health Net Inc. avoided paying $35.5 million in medical expenses by rescinding about 1,600 policies between 2000 and 2006. During that period, it paid its senior analyst in charge of cancellations more than $20,000 in bonuses based in part on her meeting or exceeding annual targets for revoking policies, documents disclosed Thursday showed." Lisa Girion, Los Angeles Times, 11-9-07

Insurance Industry Stung by $11 Million R-67 Loss

twp@pleasantlaw.com (News Author)3721 — Fri, 16 Nov 2007 08:00:00 EST

"The insurance industry's $11 million bellyflop against Referendum 67 was an election bright spot for ruling Democrats, who otherwise took their lumps from a frugal electorate that sent establishment ideas packing. The referendum, which allows triple damages in lawsuits alleging bad faith by insurance companies, spawned a lively campaign pitting the industry against trial lawyers. Supporters said R-67 would give consumers a powerful tool to punish bad actors in the insurance industry. Opponents countered that it was an unnecessary magnet for unfounded lawsuits, and would drive up insurance rates." Curt Woodward, Associated Press, 11-8-07

Sugeon Wins $31 Million in UnumProvident Suit

twp@pleasantlaw.com (News Author)3715 — Thu, 15 Nov 2007 08:00:00 EST

"A California jury's $31.7 million verdict against UnumProvident, the nation's largest disability insurer, is just one of a number of legal problems the company faces. More than 2,500 policyholders have sued the company accusing it of fraud and breach of contract, there is at least one class-action suit pending and regulators in two states are conducting inquiries."

AP - Louisiana Couple Beats State Farm in First Federal Katrina Insurance Trial

twp@pleasantlaw.com (News Author)3710 — Tue, 13 Nov 2007 08:00:00 EST

"An attorney for plaintiffs Michael and Judy Kodrin and a State Farm spokesman estimated the award would be about $350,000. But U.S. District Judge Carl Barbier said he'd have to calculate the amount and did not immediately issue a finding. 'We're just happy it's over, and that the jury was fair and just,' Judy Kodrin said, adding later: 'It never was about the money for us. It was about justice more than anything.'"

Bad-Faith Treble Damages Win in Wash. Vote

twp@pleasantlaw.com (News Author)3700 — Sat, 10 Nov 2007 08:00:00 EST

"In a big-bucks lobbying battle that pitted trial lawyers against the insurance industry in Washington state, the attorneys have prevailed. Voters have approved a referendum upholding a state law passed earlier this year that calls for courts to award treble damages to policyholders when their carriers refuse, in bad faith, to pay claims that are covered under the insurance contract. Although the votes from yesterday's election haven't all been counted, the referendum clearly has passed and insurance carriers have conceded defeat, reports the Associated Press."

Philadelphia Judge Awards Wal-Mart Workers $62M More

twp@pleasantlaw.com (News Author)3701 — Sat, 10 Nov 2007 08:00:00 EST

"A Philadelphia judge has awarded an additional $62 million in statutory liquidated damages to 124,506 current and former Pennsylvania employees of retail titan Wal-Mart who a Philadelphia jury found were not properly compensated for off-the-clock work and missed rest breaks. Philadelphia Common Pleas Court Judge Mark I. Bernstein, who presided over the 2006 trial in Hummel v. Wal-Mart and Braun v. Wal-Mart, Wednesday awarded $62,253,000 to the plaintiffs who worked after Jan. 1, 2002. The 12-member jury last year awarded $78.5 million in compensatory damages to 186,000 current and former employees of the retailer. The rest of the class did not qualify for statutory damages because of the time frame in which they worked." Amaris Elliott-Engel, The Legal Intelligencer, Law.com 10/4/07

State Bias Claims Against Employers Gain Traction

twp@pleasantlaw.com (News Author)3702 — Sat, 10 Nov 2007 08:00:00 EST

"The right to sue an employer for discrimination in state courts is gaining momentum, rattling the nerves of employers who fear more lawsuits and costly jury trials. From Oct. 1, Maryland employees for the first time are allowed to sue employers for discrimination in state court and seek a jury trial due to an amendment to the state's anti-discrimination law. In the past, employees were limited to suing in federal court or filing administrative claims with a state agency or the U.S. Equal Employment Opportunity Commission. Illinois employees also have gained similar rights. Starting on Jan. 1, 2008, plaintiffs there will be allowed to pursue workplace claims in state court, rather than be limited to federal court and administrative claims. Illinois and Maryland join 38 other states that allow for workplace disputes to be pursued in state courts." Tresa Baldas, National Law Journal, Law.com 10/8/07

Bill Would Streamline Whistleblower Protections (Nov 2, 2007)

twp@pleasantlaw.com (News Author)3683 — Mon, 05 Nov 2007 08:00:00 EST

FOR IMMEDIATE RELEASE Contact: Adam Miles, Legislative Representative Phone: 202.408.0034 ext 132, cell 202.276.2007 Email: adamm@whistleblower.org Bill Would Streamline Whistleblower Protections Woolsey Bill Covers Private Sector, State and Municipal Employees (Washington, D.C.) – The Government Accountability Project (GAP) applauds Rep. Lynn Woolsey (D-CA), Chairwoman of the House Education and Labor Subcommittee on Workforce Protections, and a group of 13 co-sponsors, for introducing the "Private Sector Whistleblower Protection Streamlining Act of 2007" yesterday, November 1. The legislation, H.R. 4047, would for the first time establish a uniform, coherent system of legal protections for all private sector, state and municipal employees who are retaliated against for disclosing threats to public safety or violations of federal law. "This is a 'Good Housekeeping,' good government measure more than 30 years overdue," said GAP Legal Director Tom Devine. "Whistleblowers are the life blood for the government to enforce consumer protection laws. But the legal system is hopelessly dysfunctional. For too long, whistleblower law at the non-federal government and corporate levels has been a crazy quilt of contradictory, hit or – usually – miss protections tucked into specific public health and safety laws." The list of 13 original co-sponsors includes Rep. George Miller (D-CA), Chairman of the Education and Labor Committee, Rep. Robert Andrews (D-NJ), Rep. Tim Bishop (D-NY), Rep. Raul Grijalva (D-AZ), Rep. Phil Hare (D-IL), Rep. Dale Kildee (D-MI), Rep. Dennis Kucinich (D-OH), Rep. Ed Markey (D-MA), Rep. Carolyn McCarthy (D-NY), Rep. Don Payne (D-NJ), Rep. Linda Sanchez (D-CA), Rep. Carol Shea-Porter (D-NH), and Rep. John Tierney (D-MA). The legislation uniformly adopts "best practices" whistleblower protection models Congress already has passed, or has been considering, on an issue-by-issue basis since last November's election. To illustrate, in August President Bush signed into law enhanced whistleblower protections for ground transportation employees in the rail, bus, trucking, and public transit industries. The Senate Commerce Committee this week advanced similar pro! tections for employees who blow the whistle on violations of product safety standards. The Senate approved modern, "best practices" whistleblower protections for employees of defense contractors as part of its FY2007 defense bill. H.R. 4047 applies the modern "best practices" throughout the private sector and for non-federal government employees for enforcement of consumer protection laws in areas including health and health care, environmental protection, food and drug safety, transportation safety, building and construction-related requirements, energy, homeland, and community security, and financial transactions or reporting requirements, including banking, insurance, and securities laws. "It will benefit labor, management and the public to streamline the 32 disparate federal whistleblower statutes, while filling arbitrary coverage gaps," GAP Legislative Representative Adam Miles explained. "Currently almost everyone is flying blind about whistleblower rights. Nobody knows what the rules are without a legal specialist." To illustrate, an employee at a meat packing plant has whistleblower rights when challenging the release of fecal-contaminated water flowing into a river. But the same employee has no rights when disclosing the shipment of fecal-contaminated meat and poultry to a supermarket's butcher case. A truck driver is protected for challenging bad tires, but not illegal cargo in his haul. An employee of a pharmaceutical company has protection for disclosing false statements in financial reports to shareholders. But there is no protection for challenging false statements to the government or the public about potentially lethal drug safety hazards. To see a comprehensive list of the failures of the current system, see Devine's testimony from a May 15 Workforce Protections Subcommittee hearing at http://edworkforce.house.gov/testimony/ 051507TomDevineTestimony.pdf To watch Tom Devine deliver a s egment of this testimony on You-Tube, go to http://www.youtube.com/watch?v=AtVJLEtGF5U To read other witnesses' testimony from the hearing, "Private Sector Whistleblowers: Are There Sufficient Legal Protections?", including tobacco industry whistleblower Jeffrey Wigand, go to http://edworkforce.house.gov/hearings/ wp051507.shtml To read the legislation, go to http://www.whistleblower.org/doc/2007/ HR_4047.pdf To read a summary and section-by-section analysis of the legislation from the Education and Workforce Subcommittee, go to http://www.whistleblower.org/doc/2007/ summary%20of%20Private%20Sector% 20Whistleblower%20Protection%20Streamlining% 20Act%20of%202007.pdf

More Protection for Whistle-Blowers Proposed

twp@pleasantlaw.com (News Author)3664 — Fri, 02 Nov 2007 08:00:00 EST

"U.S. officials have long retaliated against employees who speak out, burying the dangers they expose. Now, Congress wants to give whistle-blowers greater protection -- but President Bush vows to stop it."

20/20: Katrina: Where Things Stand: 8/25/06

twp@pleasantlaw.com (News Author)3661 — Thu, 01 Nov 2007 08:00:00 EST

In an exclusive report on the one-year anniversary of Hurricane Katrina, ABC News chief investigative correspondent Brian Ross investigates allegations of fraud in the handling of Katrina-related damage claims in Mississippi by State Farm Insurance. Speaking publicly for the first time, two State Farm insiders, Cori and Kerri Rigsby, claim supervisors in their Mississippi office demanded that outside engineers change or bury damage reports so that State Farm would not have to pay the claims. The Rigsby sisters, who worked as independent adjustors for State Farm for eight years, have provided thousands of documents to federal and state prosecutors in Mississippi. Their allegations are now a key part of a massive lawsuit against State Farm by policyholders who claim they were cheated. 'Katrina was devastating. But so was State Farm,' says Cori Rigsby. 'Until this storm, we were very proud to work with State Farm,' she says. A lawyer for State Farm, Wayne Drinkwater, says the company paid more than a billion dollars in claims in Mississippi and denies State Farm cheated anyone.

Washington State Referendum 67 Update

twp@pleasantlaw.com (News Author)3639 — Tue, 30 Oct 2007 08:00:00 EST

"Ballots for the November general election are arriving in mailboxes around the area that include a lot of statewide issues including Referendum 67, a complex issue regarding insurance company accountability[,]" including unfair insurance claims practice statutes.

Smithfield Union Suit Claims Racketeering

twp@pleasantlaw.com (News Author)3640 — Tue, 30 Oct 2007 08:00:00 EST

From NYT: "Fires' Cost to Insurers Is in Range of $1 Billion"

twp@pleasantlaw.com (News Author)3625 — Fri, 26 Oct 2007 08:00:00 EST

Allstate Bad Faith? Fight to Release McKinsey Documents Continues.

twp@pleasantlaw.com (News Author)3544 — Wed, 10 Oct 2007 08:00:00 EST

Protection for Disabled Employees to Continue: ADA Restoration Bill Introduced

twp@pleasantlaw.com (News Author)3545 — Wed, 10 Oct 2007 08:00:00 EST

The 'good hands' people make a fist (Houston Chronicle)

twp@pleasantlaw.com (News Author)3536 — Sun, 07 Oct 2007 08:00:00 EST

"We've known the insurance company game for a long time. We just didn't have any proof. David Berardinelli does."

Washington State Trial Bar Rolls Up Sleeves for Ref. 67 Fight

twp@pleasantlaw.com (News Author)3464 — Fri, 28 Sep 2007 08:00:00 EST

Plaintiffs Await Ruling on Canceled Health Insurance Policies

twp@pleasantlaw.com (News Author)3465 — Fri, 28 Sep 2007 08:00:00 EST

AAJ Article: "The Truth About Jones v. Allstate: Customer Service or Charade?"

twp@pleasantlaw.com (News Author)3458 — Thu, 27 Sep 2007 08:00:00 EST

On January 14, 2000, Washington State superior court Judge Phillip G. Hubbard ruled that Allstate Insurance "engaged in the unauthorized, negligent practice of law" for holding itself out as a legal representative for a claimant family, and for convincing that family that it had no need to contact an attorney. The court also said Allstate was liable for that family's injuries and damages caused by this unauthorized practice of law. Read more at the American Association for Justice website (link below)....

CNNMoney.com Article: "When your insurer plays hardball"

twp@pleasantlaw.com (News Author)3460 — Thu, 27 Sep 2007 08:00:00 EST

Insurance Companies' "Pattern of Greed" Revealed

twp@pleasantlaw.com (News Author)3270 — Tue, 28 Aug 2007 08:00:00 EST

Follow the link below to read more....

Allstate Insurance Cannot Hide Claim Practices Information

twp@pleasantlaw.com (News Author)3236 — Tue, 21 Aug 2007 08:00:00 EST

On August 16, United States District Judge Sarah Vance in New Orleans refused to seal the trial exhibits in Weiss v. Allstate, the case of a New Orleans couple who earlier this year won a $2.8 million verdict against Allstate for illegally refusing a hurricane-related claim. In so ruling, the Court noted that "[p]ublic access serves to enhance the transparency and trustworthiness of the judicial process, to curb judicial abuses, and to allow the public to understand the judicial system better." In arguing against secrecy, FTCR, which has fought for comprehensive insurance reforms in California and nationwide, says Allstate and other insurance companies have accepted premium payments from customers like the Weisses for years, only to deny or drastically reduce property owners' claims when catastrophe strikes. The court's order and other related documents can be viewed at the referenced link.

Lawsuit Accuses Insurers of Defrauding Government

twp@pleasantlaw.com (News Author)3208 — Wed, 15 Aug 2007 08:00:00 EST

Home Insurers' Secret Tactics Cheat Fire Victims, Hike Profits

twp@pleasantlaw.com (News Author)3206 — Tue, 14 Aug 2007 08:00:00 EST

Study Exposes Allstate's Excessive Prices and Poor Claims Handling

twp@pleasantlaw.com (News Author)3173 — Tue, 07 Aug 2007 08:00:00 EST

"In recent years, property-casualty insurers have made a number of significant but not always highly visible changes in the way they assess risk, set rates and manage claims. The aftermath of Hurricane Katrina exposed the harmful effects of many of these changes on policyholders, especially lower income and minority consumers." "As CFA [The Consumer Federation of America] has tracked these questionable [insurance claim] practices, one insurance company stood out as a leader in creating and exploiting many of these trends. That insurer is Allstate. As a result, CFA launched a detailed investigation of Allstate's business practices, which found: 1. Excessive rates and profits... 2. Questionable claims settlement practices... 3. Mistreatment of consumers throughout the country in the aftermath of Hurricane Katrina... 4. Unfair rating and underwriting practices... 5. High consumer complaints... 6. Shifting costs to taxpayers... The entire report is available at the Consumer Federation of America's website, www.consumerfed.org.