Posted on September 05, 2014 in Uncategorized

Families driving on our highways would be surprised to learn the lengths owners and operators of semi tractor-trailers will go to avoid responsibility for death and serious injuries caused by their agents’ negligence.

In May 2014, a bill was introduced [1] in the U.S. House of Representatives that would limit or shield liability for unsafe trucking companies.  It comes as no surprise that the Transportation Intermediaries Association (TIA) supports the bill.  That entity works to allow giant trucking companies to reap massive profits while escaping liability for their negligence behind complex trucking agreements and clever lawyering.

To avoid liability in the event of a serious wreck, trucking companies often play a “shipping shell game” by setting up a house of cards operational shell. [2]  Often the party designated the “carrier” has no real assets and is essentially just a “paperwork” company that uses its operating authority from the Department of Transportation as a vessel for truckers to haul freight.  Some companies even attempt to hide from liability by identifying themselves as “brokers” or “third-party logistics providers” but are still commonly held responsible for negligence committed by their agents.  This proposed bill would allow companies like these to shirk their obligations entirely by providing a complete shield from liability for their torts.

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 Posted on August 29, 2014 in Uncategorized

By Robert Geimer

A shuttle bus carrying passengers from Economy Lot “E” to the departure terminals crashed into a concrete barrier on the main entrance roadway into O’Hare airport Friday morning. According to news reports, a number of passengers were seriously injured.

“These cases can be very complex, and early investigation by attorneys who are experienced is critical,” according to Dan Kotin, who has successfully worked on many such cases, including a $43 million combined recovery on behalf of 35 passengers injured in a commuter train crash; a verdict of nearly $29.6 million on behalf of a woman who sustained a serious brain injury in the derailment of a Metra train; an $8.4 million recovery against Pace Bus Company on behalf of a woman who was seriously injured; a $4.5 million settlement with the CTA for a family who lost their 10 year-old child when she was struck by a bus; multi-million dollar recoveries against a major bus company for two separate incidents in which pedestrians were struck and killed; and a $2.6 million verdict against the CTA for a man injured by a bus.

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 Posted on August 25, 2014 in Uncategorized

By Robert Geimer

For many years I have advocated seeing your doctor at least once a year, every year, when you are feeling well.  Such “well visits” or “annual exams” are a great time to for your physician to run tests and discuss issues, as larger blocks of time are generally allotted to these visits, testing is not skewed by acute illness, and you are usually better able to have a discussion with your physician when you are feeling well.  In recent years, 3 tests which were not typically run have been shown to have greater importance upon long term health and merit discussing with your physician.

Hemoglobin A1c  - A blood test that shows the average level of blood sugar over the last 3 months.  Traditional blood glucose testing only measures levels at that moment, and we know that blood sugar levels can vary significantly depending upon food intake and other factors.  A1c testing can show pre-diabetes and diabetes, and a rapid test is now available with a finger stick in the office.  If testing is collected over time, it can show important trends in blood sugar levels.  The explosion in diabetes in this country makes this test even more important.

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 Posted on August 23, 2014 in Uncategorized

A ballot measure over medical malpractice awards is drawing a lot of attention in California.  Since 1975, the California legislature has arbitrarily limited the cap on damages for victims of medical negligence.  The initiative would increase the cap on certain damages in medical malpractice.  Damage caps have been found unconstitutional in many states, including Illinois.

Not surprisingly, the measure has been met with staunch resistance from insurance companies in California that don’t want to have to compensate innocent victims when doctors they insure negligently maim or injure patients.

Insurance companies and doctors’ advocacy groups have flooded the airways with propaganda to try to defeat the measure.  As one unsurprised consumer watchdog said, the “real question” is why physicians don't believe they should be as “accountable for impairment and their errors as other professions.”

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 Posted on August 06, 2014 in Uncategorized

By: Robert Geimer

According to a new study, rates of complications during childbirth vary widely between hospitals in the U.S., suggesting that where mothers choose to deliver their babies matters.  In a new study in the journal Health Affairs, authors found that about 13% of deliveries in the U.S. involve a complication, and the rate of complication at low performing hospitals was 5 times higher than those at high performing hospitals.  Though these findings are preliminary and subject to further analysis, they do suggest that we should be looking at the things high performing hospitals are doing right and make sure they are applied across the board.  Making these “best practices” standard could avoid many unnecessary injuries and make for healthier and happier moms and babies.

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 Posted on July 21, 2014 in Uncategorized

By: Robert Geimer

This year marks the 15 year anniversary of the Institute of Medicine’s landmark report that identified preventable medical errors as one of the leading causes of death in America.  However, the U.S. Senate Subcommittee on Primary Health and Aging heard testimony last week that patients today are no safer than they were when the report was first released 15 years ago.  According to news reports [1], Dr. Ashish Jha, Professor of Public Health at Harvard University told the Committee that “We have not moved the needle in any demonstrable way overall.”

This is completely unacceptable.  Recent reports suggest that preventable medical errors could now be the third leading cause of death in the U.S., after heart disease and cancer.  Comprehensive reform and a culture of patient safety have to be priorities in reconfiguring the healthcare delivery system in the U.S., and it will take cooperation among physicians, hospitals and insurers to institute changes so that 15 years from now there will hopefully be far fewer preventable deaths from medical errors.

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 Posted on July 10, 2014 in Uncategorized

By: Robert Geimer

According to recent reports [1], the rate of deaths and complications among U.S. women giving birth is rising.  Lack of access to prenatal care and complications from obesity and diabetes top the list of factors to blame.  The U.S. is one of only eight countries in which maternal deaths have increased, falling to No. 31 in the world, behind many European and other countries where access to healthcare is guaranteed.

We can do better than this.  We need to educate young women how to stay healthy during pregnancy and to improve access to healthcare during the all-so-important prenatal period.  Thankfully, the Affordable Care Act (ACA) provides coverage for prenatal and maternity care.  Let’s hope that as more women obtain coverage and access to quality healthcare, the U.S. can return to the top of the list of best places to have a baby.

[1] U.S. slips in world ranking as a great place to have a baby

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 Posted on July 02, 2014 in Uncategorized

September 11th victims' fund attorney Kenneth Feinberg has summarized a plan to compensate victims of the defective ignition switch that was installed in 2.6 million vehicles by General Motors. This plan could speed up payments to the victims without forcing them to sue G.M. Attorney Feinberg's report describes that families of anyone injured or killed by the faulty ignition switch would receive at least $1 million.

The monetary amount a family or a victim receives is based of the victim's lifetime earning potential and if they had a surviving spouse and/or children. Though there is no cap to the amount of money G.M. would pay under Attorney Feinberg's plan, those seeking compensation will have to provide sufficient evidence that the faulty ignition switch was a primary factor in the cause of death or injury.

This approach to a General Motors compensation fund, however, may not work for all those looking for retribution for loved ones lost. There are still others independently pursuing their cases but the legal process could be lengthy.

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 Posted on June 26, 2014 in Uncategorized

By: Robert Geimer

We sometimes forget that medicine is big business.  According to the AMA, physicians generated $1.6 trillion in economic activity in 2012 [1].  However, one investigation has revealed that physicians with unusual billing patterns more frequently face discipline by state medical boards.  A report by ProPublica [2], shows that disturbing number of physicians abuse billing systems, though disciplinary agencies are ill-equipped to uncover this abuse.  In fact, the study cites a Chicago Tribune report that a single neurosurgeon claimed half of all the most expensive billing office visits by neurosurgeons in Illinois in 2012.

What is clear is that physicians who are more concerned about lining their own pockets put patients at risk.  This type of fraud is not only outrageous, it endangers the public.  We need to take a hard look at billing abuse and equip disciplinary agencies to track down those who enrich themselves at the expense of the rest of us.

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 Posted on May 28, 2014 in Uncategorized

By: Timothy Tomasik

Over the last 25 years, a doctor’s assets in a medical malpractice action have almost never been at stake.  The Illinois Trial Lawyers’ Association has studied insurance data and has definitively shown that the “lawsuit crisis” is a myth.  Medical malpractice is a leading cause of death and injury in the United States, injuring an estimated 180,000 and killing tens of thousands of Americans annually.  Preventing malpractice in the first place is the best way to avoid malpractice litigation.[1]

Experts studying medical malpractice insurance companies have concluded that “while insurers and other tort reforms proponents blame malpractice litigation for the hard market premium increases, they are in fact consistently driven by the insurance companies’ response to the broader economic cycle.”[2]  State insurance regulators, including the former acting director of the Illinois Division of Insurance, agree.[3]

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