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It is common for nursing homes to take steps to shield themselves from litigation involving the care of their residents. There are currently heated arguments concerning the courts’ willingness to honor “arbitration clauses” in residents’ contracts. “Arbitration clauses” are often included in the living agreements signed when someone becomes a resident of a nursing home. They basically state that claims against the home will not be solved through the courts, but will instead be handled by an outside, professional arbitrator that the nursing home hires. The US Supreme Court recently decided not to hear an appeal concerning an elder abuse case wherein a lower court ordered a home to pay damages to the residents, despite the fact that the resident signed a contract with an “arbitration clause”.

While “arbitration clauses” are generally taken into consideration, they can be treated with suspicion, due to the fact that an arbitrator may be biased towards the institution (in this case, the nursing home) that hires him and may want to hire him again in the future. In Beverly Enterprises, Inc. vs. Ping, there may have been negligence so severe that it resulted in a resident’s death. The resident’s estate would potentially have the right to file a “wrongful death” suit against the nursing home, citing egregious actions or abuse that led to the patient’s death

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The Louisiana attorneys at Cardone Law would like to wish you a fun and safe Fourth of July this year.

The tradition of fireworks goes back to 1777 for the first anniversary of our nation’s independence. Fireworks have had a long and controversial history, with their sale and use being completely legal in some states while other states impose a spectrum of laws restricting their sale.

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Those suffering from medical ailments make appointments, pay copays, and sit in waiting rooms to hear from doctors about what is or is not wrong with them. Doctors, professionals trained and trusted to diagnose patient symptoms, are still capable of mistakes – but what happens when a diagnosis is incorrect? Or late?

A Pennsylvania woman was awarded $3 million dollars after her unfortunate misdiagnosis. The woman visited her doctor’s office with sinus complaints. With neither practicing physicians onsite during the visit, a physician’s assistant attended to the woman, and upon examination recommended a steroid treatment. This treatment masked the ailing patient’s condition and, without antibiotics, allowed the infection to evolve to a brain abscess. This led to emergency surgery, two months of hospitalization, rehab, and continuing emotional and cognitive issues. The whole medical malpractice claim could have been prevented on that first visit.

According to a recent study released out of Johns Hopkins University School of Medicine, wrong or missed diagnoses comprised the lion’s share of medical malpractice claims in the U.S. over the past 25 years. The study, authored by Dr. David Newman-Toker, looked at over 350,000 medical malpractice claims and estimated that approximately 160,000 claims a year involve either death or permanent damage as a result of a misdiagnosis.

Medicine is understandably a difficult field, and studies have shown that up to a quarter of the population will receive an incorrect diagnosis. Fortunately, many of these misdiagnoses are harmless but one can never be quite too careful. The Journal of Clinical Oncology estimates the misdiagnoses rate for certain cancers around 44%.

And although rare, misdiagnosis can be good news. A Maine man won his malpractice suit against his physician who diagnosed him with aggressive stage 4 cancer that was certainly terminal. Upon further examination, doctors informed this patient that despite being told he had months to live, his original diagnosis was incorrect and he had a highly treatable cancer. A suit ensued for “tremendous emotional distress” and the court ruled in favor of the misdiagnosed man awarding him $200,000 in damages.

Medical malpractice, a $3.6 billion per year field, is a costly and dangerous warning sign to patients to always be cautious of professional opinions. Some basic suggestions:

1) Ask questions. When visiting a physician, ask follow up questions. Lay your symptoms on the table, and if a diagnosis doesn’t seem right to you, communicate these thoughts. Doctors are not mind-readers and cannot know other causes for symptoms they’re not told about.
2) Get a second opinion. If you feel treatment is not working, or if the treatment seems overly invasive, it is not an insult to seek a consultation with another doctor. Doctors wish to avoid any and all claims and if they missed something, they are more than happy that it is found early, even by someone else, before expenses build up.
3) Medical malpractice can be committed by those other than medical doctors. Understand that therapists, nurses, assistants, and other attendants can commit medical malpractice errors in your treatment.
4) Seek a knowledgeable attorney. Ninety-three percent of medical malpractice cases are settled, and an individual who has a claim must be aware of all the intricacies of a settlement agreement and must have keen negotiators on their side in order to better their chances at success.

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A few months ago, the Cardone Law blog covered additional settlement funds available to businesses affected by the BP oil spill. Recently there has been significant litigation and settlements revolving around Louisiana’s recent disasters.

A lawsuit has been filed by the Mexican government against BP Oil for damages arising from the Deepwater Horizon oil spill. BP disclosed on May 1 that the firm has been named as a defendant in over 2,200 suits filed by Mexico since March 6.

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Currently in Louisiana, there is no law prohibiting most drivers from using handheld cell phones behind the wheel. Act 665 does prohibit drivers from texting, and there are numerous restrictions on handheld devices for such individuals like bus drivers and beginner drivers (those under the age of 18).

Some laws are enforced upon discovery after you have been pulled over for a more serious violation. However, the nature of these laws gives a police officer cause to pull a driver over upon witnessing the violation. Individuals caught texting while driving can expect a fine of $175 for their first offense and $500 for further violations.

Liability for the Texter?
New Jersey, like Louisiana bans texting while driving, and the state is mulling over whether liability can extend past the distracted texting driver to the at-home texter. The New Jersey Appeals Court is currently reviewing a dismissed complaint from two injured motorists. The pair was hurt while motorcycling in Morristown, NJ when a teenage driver, distracted by texting, crashed into their motorcycle. Both plaintiffs lost a leg in the accident. They filed suit against both the teen driver and the remote texter accusing her of “aiding and abetting”. The teen’s insurance settled with the plaintiffs for $500,000 but victims pushed onward to place liability with the texter.

In their oral arguments, the attorney for the plaintiffs cited the need to impose liability on those who know the individual they are texting is driving. In the hours leading up to the accident, the driver and texter exchanged over 60 texts. The arguments continued between whether the texter was responsible for the driver looking at the texts, whether the texter intended the message to be read at that moment, and whether she knew at that exact moment he was driving.

The Safety of Voice-to-Text Devices
Texting is a clearly a safety hazard to drivers and those that share the road. The use of the hands and the diverted vision to construct a message both lead to danger but a recent study done at Texas A&M University reveals that hands-free devices may present comparable dangers.

The research included over 40 participants driving a track distraction-free, then typing texts, then using voice-to-text software to make a text. The researchers learned that whether the driver was texting or voice-to-text texting their average reaction time was doubled. The drivers did feel safer using voice-to-text; the difference was not significant. Some of the conclusions have to do with the concentration with using typical voice-to-text software and the need to carefully proofread and correct the errors.

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This March, Insure.com, released their annual review of state-by-state insurance rates and Louisiana, for the third year in a row, takes first place for highest rates. The national average in the U.S. is around $1,500 whereas the average annual rate for Louisiana drivers is a startling $2,699, nearly $200 more than second-place Michigan at $2,520. The report also examines annual income of state residents dedicated to car insurance, leaving Louisiana residents with an astounding 6.6% of annual income dedicated to auto-insurance.

Although rates do vary by locality, those based out of New Orleans suffer some of the higher rates. According to Louisiana State insurance commissioner Jim Donelon, “Orleans is 40 percent higher than the statewide average, St. Bernard is 30 percent higher, Jefferson 19 percent higher, and Plaquemines 15 percent higher.”

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Automobile accidents come in every shape and size, and victims who are lucky enough to survive this encounter can’t always easily just walk away. The Cardone Law firm just recently secured a settlement for a client for $430,000 for her soft-tissue injuries. One of the most common forms of injury suffered as a result of an automobile accident is called a soft-tissue injury. A soft-tissue injury is an injury affecting nearly anything except bones and organs.

Typically when the term soft-tissue is used in the personal injury field, it is referring to an injury to muscles, ligaments, tendons, or other similar tissue which usually presents itself in the form of sprains, bruises, or shallow abrasions. Whiplash is a common form of a soft-tissue injury as it strains the neck and back of the victim. The most common form of treatment for a soft-tissue injury is embodied in the acronym RICE (Rest, Ice, Compression, and Elevation)

Leah, commuting in New Orleans, was involved in a low-impact accident when the defendant, driving a BMW, disregarded a stop sign and crashed into Leah’s vehicle. Leah had extensive pain associated with her injuries plus unexpected medical costs that she needed to now pay. The defendant insurance company didn’t feel that Leah could have possibly sustained such painful and longstanding injuries from such a minor accident.

Our experienced legal team was able to secure a settlement for Leah in the amount of $430,000.00. This amount ensured Leah received proper compensation for the injuries she suffered, both short and long term. As such, justice was served.

Things to remember:
If you are injured in a car accident it is important to exchange insurance information (even in minor fender benders should future injuries present themselves), contact your insurance company and contact an experienced personal injury attorney.

Remember, in Louisiana you only have one year within which to file a lawsuit. Should you fail to file a suit timely, you will forever lose your rights to recover any compensation whatsoever. An experienced personal injury attorney is familiar with this prescriptive period in Louisiana.
By the way, if you have suffered property damage to your vehicle along with your personal injury, you not only have a right to recover for the repair to your car, but you may also recover money for the diminished value of your repaired automobile! Typically, most attorney’s fail to make a Diminished Value claim on behalf of people who have sustained property damage to their vehicles. We at the Cardone Law Firm always determine if such a claim exists for our clients..

As a side note, Louisiana is a “comparative fault” jurisdiction with regard to personal injury negligence. “Comparative fault” means that even a party partially at fault in a personal injury action may recover for their damages. However, this amount may be reduced by the amount of responsibility of that party. You should not settle away a valid claim because you feel partially responsible.

Negotiations with experienced and savvy insurance adjusters should not be taken lightly. Those coming to the table against insurance companies must be reminded that they are settling and ending any possible suit for property damage, personal injury, medical costs, and many other remedies available under Louisiana law. A knowledgeable Louisiana car accident attorney is vital in calculating all applicable forms of compensation.

We at the Cardone Law Firm can handle all of your needs when you’re involved in a life-altering car wreck. So, if you, a friend or a loved one is involved in a wreck, simply Phone Cardone at 504-522-3333.

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Home damage and personal injuriesIn the last weeks of March, rainstorms and flooding led to extensive damage for many homeowners. Currently, the estimate is over 75 houses in the surrounding areas of Baton Rouge were damaged.Volunteers for Red Cross and Salvation Army were on the scene to assist needy residents.

Not all homes are accounted for that may have suffered rain damage, and it is important to know what may and may not be recoverable from home insurance in the case of home damage as a result of rainy weather. Generally, homeowner insurance does not cover flooding damages but water damage that was due to a storm, or was permitted to get into your home because of damage made by the storms winds, may be covered. Water damage that was the result of possibly negligent upkeep, such as leaky pipes, would not likely be covered. It is a homeowner’s responsibility to limit and mitigate damages in the event of a storm. Two major steps are the safe removal of water to prevent mold and the attentive repairing of holes and broken windows caused by the storm.

In the insurance process, you will want a qualified attorney to assist in the report of your potential claims to ensure prompt and accurate insurance payout and limit potential personal negligent liability for your damages.

Rain storm damage does not cease at property damage bur rather many personal injury cases are founded on slip and falls or other injuries from rain created hazards. This month a Louisiana woman filed suit against a grocery store for an injury sustained from a slippery floor wet from the rain.

Automobile damage
Slippery roads and hazardous driving conditions leave many people with auto damage from a number of sources. Falling tree branches, flooding, and weather related accidents can often lead to thousands of dollars in repairs if you can properly file suit against responsible parties and secure your deserved insurance settlement. Furthermore, personal injuries can amount to additional short term and long term costs. In severe cases, wrongful death suits may need to be brought on behalf of someone involved in one of these accidents. Tragically, the National Highway Traffic Safety Administration estimates that approximately 11% of traffic fatalities stem from accidents involving hazardous weather. Contact a qualified attorney to assist you in getting what’s rightfully yours and defending you from wrongful liability.

Quick What-to-do
Most Louisianans rely on their vehicle to get to work and home, rain or shine. However, should you be unable to operate your vehicle in hazardous weather conditions it is vital to limit your risk to others and yourself. Remain in your vehicle and stay calm. Keep one window cracked for air circulation and ensure the vehicle is off or, if on, the exhaust pipe is clear of obstruction. Carefully attach a bright visible signal, such as a plastic bag or cloth, to your vehicle to alert other drivers in reduced visibility.

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As of 2010, current law in Louisiana requires drivers to maintain insurance coverage for Bodily Injury Liability. The minimum amount is $15,000 per injured party, $30,000 per accident (more than one person injured in the accident), and $25,000 for property damage. These minimums may be referred to as “full coverage” even though they are clearly not always capable of covering even minor medical bills. When a party does maintain minimum coverage they may be considered underinsured depending upon the extent of injuries suffered by the victims of his negligence or may be even uninsured entirely.

It is estimated that the rate of uninsured motorists on Louisiana roads is approximately 13%. This number is slightly under the national average of 13.8% but still presents a major threat to uninsured and insured drivers alike.

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Many businesses, including yours, may be entitled to compensation from your losses since the BP Oil Spill.

In April 2010, the oil rig ‘Deepwater Horizon’ owned by BP suffered an explosion and subsequently sank, claiming the lives of 11 workers. For the following three months, nearly 5 million barrels of oil gushed from the sea floor. The event is often considered the largest accidental marine oil spill in history. Since the spill, the Gulf coastline has suffered ecologically and economically from Florida to Texas, Louisiana suffering particularly due to its coastal exposure and extensive tourist industry.

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New Orleans, LA 70113
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