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Arizona Senate votes to raise standards to prove malpractice.

June 18, 2009 @ 02:12 PM — by unknown
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The Arizona Daily Star (6/17) reported that an Arizona Senate panel "voted Wednesday to make it more difficult for patients hurt in emergency rooms to collect damages from the doctors, hospitals and other health care providers who cause their injuries. SB 1018 leaves in place the requirement that someone suing for medical malpractice show that the care received did not meet the professional standards expected." But SB 1018 "would bar recovery unless malpractice can be proven by 'clear and convincing evidence,' a burden more difficult to prove" than the current standard, which requires only a "preponderance of the evidence." Contact your state senator's office and let him or her know that you oppose this bill and want emergency room physicians held to the same level of proof in court to which all other doctors are held and to which every other Arizonian is held. You want to see care improved in our emergency rooms, not allowed to slip backwards.

Kids' hoodies recalled for strangulation risk

June 17, 2009 @ 05:26 PM — by unknown
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The Consumer Product Safety Commission says Macy's will voluntarily recall about 33,000 hooded children's sweatshirts that pose a strangulation risk. The recall announced Wednesday covers boys' and girls' Epic Threads and girls' Greendog sweatshirts, in small and medium sizes, that have a drawstring sewn in the base of the hood. They were sold nationwide from July 2008 to March 2009 and cost between $32 to $50. Read full story: http://www.msnbc.msn.com/id/31407781/ns/health-kids_and_parenting/

Breaking News Coming Soon...

June 16, 2009 @ 10:43 PM — by unknown
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Arizona Senate committee agenda omits medical malpractice bill.

June 11, 2009 @ 06:31 PM — by unknown
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Arizona Capitol Times reports that the Arizona´s Senate "Healthcare and Medial Liability Reform Committee met June 10 to consider bills," but "missing from the agenda was a medical malpractice reform bill" that "would raise the bar of proof required to convict an emergency room physician of medical malpractice to 'clear and convincing' evidence" from a preponderance of evidence. "It is unclear when the bill will be heard, although the measure is still slated for this session." Several Democrats in the legislature "are worried that the measure could deny citizens the ability to sue negligent physicians." This is a very important issue for all people in Arizona. We do not want doctors who provide vital care to be held to a lower standard of care than every other physician in the state.

Insurer Ordered to Pay Damages for Bad Faith

June 08, 2009 @ 08:38 PM — by unknown
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A Kentucky jury has ordered a doctor´s insurance company to pay $3.8 million for acting in bad faith by delaying payment on aclaim it knew its client was liable for, the Louisville Courier-Journal reports. According to court records, American Physicians Assurance Corp. initially offered the plaintiff Debbie Daniels $75,000 despite estimating her injuries to be worth $1 million. Daniels was left permanently disabled after her doctor botched a cosmetic procedure he suggested she have while she underwent a hysterectomy. Andrew Wolfson, Louisville Courier Journal. READ FULL ARTICLE:http://www.courier-journal.com/article/20090606/NEWS01/906060360/1008/NLETTER01

Courts allow companies to seal too many civil lawsuit documents, attorney says.

June 08, 2009 @ 08:27 PM — by unknown
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Bruce R. Kaster, "an attorney who represents the families of Utah State University students killed in a grim 2005 van accident, told Congress on Thursday" that "courts allow companies to keep too many civil lawsuit documents secret that could save lives by disclosing dangerous defects in products." He "showed a House Judiciary subcommittee an example of one such document: a 2000 memo by Cooper Tires (which made the tires on the ill-fated USU van) that he said discusses how the company's tires lack key safety components that others offer." Presently, "the Judiciary Committee is considering the Sunshine in Litigation Act, which would make it more difficult for companies to keep secret documents used in civil cases." Kaster said, "'Tens of thousands of Americans, if not hundreds of thousands, have been killed or seriously injured by defective products that manufacturers are aware of, but the public is not,' because they manage to seal sensitive documents in court." Read the full article: http://www.deseretnews.com/article/705308569/Do-courts-sanction-suit-secrets.html

Lawsuit Filed Over Fatal Dump Truck Accident

June 05, 2009 @ 06:32 PM — by unknown
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A truck driver, his employer and an Illinois quarry were negligent in the death of a 13-year-old boy who was crushed by a dump truck loaded with gravel, a lawsuit filed Wednesday claims. Ryan Hennemann was crushed after the driver asked him and a friend to help him unload the truck. According to the lawsuit, the truck was overloaded and driven by an unqualified and unlicensed driver. The lawsuit names James. T. Griffen, J & C Construction Co. and Falling Springs Quarry Company. Beth Hundsdorfer, Belleville News-Democrat 06/03/2009. Read Article: http://www.bnd.com/breaking_news/story/793831.html Untrained and unqualified drivers operating commercial trucks and trailers pose a significant risk to the public and fellow workers. Begam, Lewis & Marks has fought for years to hold companies responsible for the negligent hiring and training of commercial truck drivers, thereby helping to discourage the practice and to make our roadways safer.

Heavy, drowsy truckers pose risk on the road

June 04, 2009 @ 04:16 PM — by unknown
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Sleep scientists at Harvard University have renewed calls for mandatory sleep apnea testing of obese truck drivers due to the risk they pose on the road. They say research shows there´s a strong link between fat drivers and sleep apnea and that screening could help prevent truck crashes that kill more than 5,200 people and injure more than 100,000 each year in the U.S. Read the full Article: http://www.msnbc.msn.com/id/31066019/ If you or a loved one has been injured or a loved one killed in a crash involving a commecial truck or semi, pleases call Begam, Lewis & Marks. We have the knowledge and experience to dig to the bottom to find out what happened and if the crash could have or should have been prevented.

CVSA and Advocates urge repeal of agriculture and utility HOS exemptions

June 04, 2009 @ 03:57 PM — by unknown
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The Commercial Vehicle Safety Alliance (CVSA) and Advocates for Highway and Auto Safety (Advocates) released a strongly-worded letter to the leaders of the House Transportation and Infrastructure Committee formally urging them to repeal the driver hours-of-service exemptions for agriculture and utility drivers. This is a very important issue, as there is no rational basis for endangering others on the road by allowing two classes of drivers to drive beyond the point of exhaustion. Begam, Lewis & Marks has a long history of holding trucking companies and their drivers responsible for injuries and deaths that they have caused and a history of fighting for tougher laws and regulations to protect the public.

Woman Awarded Damages in Med-Mal Case

June 03, 2009 @ 07:15 PM — by unknown
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A radiology practice and hospital were negligent in the treatment of a woman whose bowel was damaged during surgery to remove an ovarian cyst, a Michigan jury has ruled. Following 9 years of legal wrangling, a Shiawassee County jury on Friday awarded $2.9 million to Sue Apsey in her lawsuit against Owosso Memorial Hospital and Shiawassee Radiology Consultants. State caps on damages will likely reduce the award to $1 million less, according to attorneys familiar with the matter. Bryn Mickle, MLive 06/02/2009 Read Article: http://www.mlive.com/news/flint/index.ssf/2009/06/jury_awards_owosso_woman_nearl.html Attorneys at Begam, Lewis & Marks have extensive experience with medical malpractice cases and fight for our clients, even when resolution may require many years of work. Please contact us if you or a loved one has been injured by negligent medical care.

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