Indiana Injury And Family Lawyer Blog

Indiana physician Mark Weinberger must now contend with over 20 criminal counts of billing insured patients for treatment he did not perform. The U.S. Judge Philip Simon in the Northern District of Indiana recently rejected a plea agreement in which Mark Weinberger’s attorney suggested he receive four years in prison for his dishonest behavior. Collectively, all charges suggest that Mark Weinberger may be facing 220 years in prison to account for every break in the law. The District’s chief judge concluded that four years in prison was not substantial enough to cover over $300,000 in damages resulting from his behavior.

The precise charges that Weinberger faces is that he committed fraudulent billing,  during the time that he directed the Merrillville Center for Advanced Surgery LLC and Nose and Sinus Center LLC. In addition, he is facing hundreds of medical mal practice claims and nearly 6 million in creditor claims. The story first began in 2004 when one of his patients died and he abandoned the country days later.  His return to the U.S. did not go without a hunt because he failed to surface until he was discovered five years later in the Italian Alps.

Federal court docket records reflect that the plea deal was too lenient in light of the devastation that was caused by his actions.

If you are need of a lawyer due to personal injury, please contact attorney Burton A. Padove at Padove Law at (219) 836 2200.

Pharmacy mistakes have been vastly reduced with the assistance of computerized systems that monitor and track patient data, including: past medication history, current medication history, and the potential interaction between drugs, including: side effects associated with drugs you are taking or will be taking.

This provides for labels to be automatically printed with vital information to help you make well informed decisions about the medications you are taking or plan to take. Pharmacists are then obliged to review information about new medications you are taking and remind you about pertinent information regarding medications you have already taken, if necessary.

This system helps to reduce the risk that you will suffer from a complication if you take more than one drug since some drugs negatively interact with each other. This system also helps to inform you about restrictions while taking medications and ways to possibly reduce risks from medications.   Your physician will also consider other drugs you are taking and possible side effects before writing a prescription for a new drug.

Yet, a recent  INDIANA lawsuit suggests that sometimes, pharmacy mistakes may still happen. This case involved a CVS pharmacist who did not inform a woman about the risks associated with taking OsmoPrep, a drug that can negatively interact with Lisinopril, another drug she was taking. After this woman took her initial OsmoPrep prescription, she did not experience kidney damage (a possible side effect of OsmoPrep). After taking her second prescription, her kidneys failed, causing a life threatening situation that she may have to contend with for the rest of her life. In the end, it’s important to be aware that pharmacy mistakes may still occur. This is why it is important to check prescription label before you take medications, weigh the risks against the benefits and seek out the advice of a personal injury attorney if you suspect any negligence and have been harmed by a drug.

If you are need of a lawyer due to personal injury, please contact attorney Burton A. Padove at Padove Law at (219) 836 2200.

With over 4 million dog bites each year, and the majority resulting in the requirement of medical attention, dog bite prevention tactics can be helpful.

Aggressive dogs are considered aggressive when they growl, bark, or lunge forward. There are also specific cases when dogs tend to be more aggressive, including:

• Some dogs become aggressive to protect their property or dog owner.

• Other dogs tend to become aggressive based on the actions of others, such as, being fearful of a dog. The senses of dogs are very in tune with fear. This is because they rely on the dog owner to be in control of all situations and direct action when necessary. When dog owners cannot manage the fear that an individual has because of a dog, the dog does not know what else to do but to become aggressive.

• Dogs may become aggressive when a person invades their space before the dog has a chance to see the person and sniff the person.

• Dogs may become aggressive when they feel lunged toward or when a person puts their face in front of a dog’s face.

• Dogs may become aggressive when a person looks into the eyes of the dog.

• Some dogs become aggressive when the mood is not calm. Such is the case for dogs often, when there are passersby like walkers or joggers.

Dog Bite Protocol

• Remain as calm as possible and note any details about the dog that you can, such as, dog tags.  Avoid pulling away as this may lead to a larger wound. Notice identifying tags so you can cross check the dog’s health record to see if the dog is up-to-date with vaccinations.

• Seek out immediate medical attention to rule out rabies and to receive a tetanus shot. You may also require stiches, antibiotics or other treatment. Facial wounds require special care to help preserve aesthetics, while maintaining the functionality of the affected area.

• Inform animal control about the dog and contact a personal injury attorney who can assist in protecting your legal rights for a claim.

If you are need of a lawyer due to personal injury, please contact attorney Burton A. Padove at Padove Law at (219) 836 2200.

Drug Take Back Day was in April set by The American Association of Poison Control Centers. Yet, Drug Take Back Day can be every time you complete taking medication to help ensure your medications do not get into the wrong hands or are resold to someone who may be at risk of injury if they take the drug. This is particularly true for narcotics which are associated with risks when not closely monitored by a physician.

Pill abuse and theft is more common than you may think. Medications were the leading cause of poisonous death in 2009. The vast majority of deaths were adults. The National Survey on Drug Use and Health in 2009 noted that more Americans abuse prescription drugs than the number of Americans that abuse cocaine, hallucinogens and heroin combined.

Proper disposal of expired, unused or unwanted prescription drugs is critically important to prevent abuse and theft. In fact, all medications should be properly stored in your home while you are taking them to ensure they do not get in the hands of your children or other outsiders that are not familiar with proper use, drug interactions, risks or possible side effects.

When a prescription medication is prescribed by your physician, your physician has investigated the benefits, risks and possible drug interactions to help ensure that the drug will assist you. Your pharmacist further helps to ensure this by describing how you should use the medication, possible side effects and when to contact a physician if necessary.

If you are need of a lawyer due to personal injury, please contact attorney Burton A. Padove at Padove Law at (219) 836 2200.

Mass transit vehicle accidents fall into a different category when compared to auto accidents. From school busses, to municipal transport, governmental mass transit systems, and private mass transport, the laws protecting the rights of victims in mass transit accidents depends, in part, on the type of transportation and the respective insurance coverage.

Obviously, there are more risks involved with transporting a large number of passengers. In terms of liability for mass transit accidents, governmental laws offer immunity. In some cases, the degree of liability varies as well.  State statutes typically govern the laws regarding mass transit accidents. This is why it is extremely important to seek out the advice of a personal injury attorney who is familiar with the laws of mass transit. He or she will investigate your case to determine the validity of your claim in the eyes of the law. Once the preliminary investigation, called the discovery period, is complete, a lawsuit may be filed against suspected liable parties.

Liable parties may include other vehicles involved in the accident, property that created an obstacle and caused the accident, or any other variable that was a factor in the mass transit accident. In the end, there may be limits to liability, but appropriate compensation to ease the burden from suffering following an accident can be comforting with the assistance of a personal injury attorney.

If you are need of a lawyer due to personal injury, please contact attorney Burton A. Padove at Padove Law at (219) 836 2200.

Passengers in auto accidents may be entitled to legal claims for damages they suffer from, but the extent of compensation varies, depending upon allowances in the insurance policy (ies) of the car owner(s) involved in the accident. In some cases, insurance policy limits may extend to uninsured and underinsured motorist coverage. Insurance policy limits may also extend to the passenger’s insurance policy.

First, the cause of the accident is determined by the insurance adjustors at the companies of policy holder who were involved in the accident. So, it is important to seek out the advice of a personal injury attorney before you speak to any insurance adjustors. Statements you may make may be misconstrued by insurance adjustors in an effort to limit liability for an insurance claim. After insurance adjustors determine the circumstances surrounding the accident, a decision is made about the liability of each party involved in the accident.

If you have suffered a serious injury as a passenger in an accident, typically your healthcare needs will extend over the course of several months. For this reason, insurance companies may offer an early settlement to forgo long term expenses associated with your care.  Typically, it is wisest to wait until you reach maximum capacity again and at that time it can be determined if you have a permanent disability rating. Once a permanent disability rating is calculated, a scale is used to determine the extent of financial compensation you may be entitled to.

Skilled personal injury attorneys are known to stand by your side every step of the way from the time that the accident occurs. Typically, they can be retained with no money down and can be compensated at the time of settlement. The first step is to have a skilled personal injury attorney evaluate your legal claim.

If you are need of a lawyer due to personal injury, please contact attorney Burton A. Padove at Padove Law at  (219) 836 2200.

Tractor trailer accidents in Indiana and Illinois are commonplace and can be very harmful to the driver, as well as, any other drivers or passengers in surrounding vehicles. It is not uncommon for the end result to be a severe life changing event for affected families members, let alone those who are injured.

Tractor trailer regulations are governed by the state. While regulations are stringent regarding vehicle maintenance, load limits and other safety precaution policies, enforcement of the regulations is difficult in light of the shortage of regulators, inspectors and troopers on the road. This leaves the safety in the hands of trucking company owners. Trucking company owners are obligated to meet safety standards with every load that leaves their driveways. Trucking company manufacturers are responsible to ensure that all vehicle parts are completely in an operational order. Yet, sometimes, there are defective auto parts and other times, trucking company owner employees may be inclined to cut corners when deadlines to hit the road and deliver goods in a timely fashion are the highest priority.

Personal injury attorneys who manage tractor trailer accident cases know how to access experts who can evaluate all factors that go into to tractor trailer accidents, including: load limit, breaking capacity, operational parts, and weather condition factors that may have impacted the course of the driver.

Whether you were a driver, passenger in a vehicle struck by a semi-truck or the semi trucker driver, you may be entitled to have your legal rights protected through a personal injury attorney. So, it is vital to seek out medical attention immediately following an accident and contact a personal injury attorney about your legal rights as soon as possible after the accident.

If you are need of a lawyer due to personal injury, please contact attorney Burton A. Padove at Padove Law at  (219) 836 2200.

Law regarding a tax compliance measure for small businesses has recently been changed to better help support small businesses. The law revision relates to the former requirement of small businesses to send a 1099 form to companies in which they had to purchase services that exceeded $600.00 annually.

Small businesses had been concerned about the   requirement to track and file paperwork for the services in which the company has to purchase over the year in excess of $600.00. Small businesses claimed that the requirement would place hardship on small businesses that would have to take time away from productivity to dedicate time to potential mounds of paperwork. President Obama agreed with the contention of small business owners. Thus, the filing law is no longer a requirement.

Small businesses are the framework of the nation, particularly during difficult economic times. Laws the limit productivity and take away from time that companies can allocate to revenue generation may significantly impair the growth of a small business.

There are several types of companies that may fall into the classification of small business. The Small Business Administration defines small business as a company that is independently owned and operated. The definition also extends to the amount of revenue generated and the number of employees over specific time periods. Examples include:

*     Manufacturing Business in which employee numbers may range from 500 to 1500, depending upon the specific industry product.

*    Wholesale company in which the employee number may range from 100 to 500, depending upon the specific industry product.

*     Services Company in which annual revenue may not exceed: $2.5 to $21.5 million, depending upon the type of service.

*     Retail Company in which annual revenue may not exceed $5.0 to $21.0 million, depending upon the retail product.

*     Construction in which annual revenue may not exceed $13.5 to $17 million, depending upon the work delivered.

*     Trade Construction in which the annual revenue may not exceed $7 million.

*     Agriculture in which annual revenue may not exceed $0.5 to $9.0 million, depending upon the agricultural product.

If you, your family or a friend need to protect their legal rights, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

Medical device recalls do occur so it is important to know that if you are in need of a medical procedure, it’s not a bad idea to ask the physician the following questions:

1) How long the technology been available?

2) Have there been any recalls associated with the technology?

3) Are there any complications that may result from using the technology or complications risks associated with the procedure?

All medical procedures do have some level of risk. When a physician proposes a medical procedure in a treatment plan, they review the risks, benefits and alternatives.  They also inform you of the ways you can reduce the risks.  Physicians also consider the level of risk compared to the benefits and they review this information with you. Yet, since you may be ill and your primary focus is managing through the illness, you may forget to note information about the technology.  Thus, it is advised to inquire about technology or research the technology online before undergoing a medical procedure.

Medical device recalls are sent out to physicians when a defect in the technology is discovered by the manufacturer or the Food and Drug Administration. When manufacturers receive information about physicians, who have discovered defects or injuries resulting to patients due to technology defects, they are obliged to report the defect or injury to the FDA. At this time, the FDA and the manufacturer usually work together to inform physicians about the defect, the risk of injury, and the need to remove it from the physician office or hospital for return to the manufacturer.  Class One Recalls are the most serious.

If you are need of a lawyer due to personal injury, please contact attorney Burton A. Padove at Padove Law at  (219) 836 2200.

Indiana child custody modification is a topic of discussion for many divorced parents thriving through career changes which may change their lifestyle or create the need for relocation. The court plays a role in lifestyle changes of divorced parents whenever the alterations in children’s lifestyles change. The court often must reevaluate to determine if the change supports the best interests of the children.

Recently, circumstances changed for an Indiana woman who was originally ordered to be primary custodian of her two children. This woman decided it would be in the best interest of her family to relocate over 30 miles closer to her job location. This decision brought up a contention in the law. Under Indiana law, children have a right to a stable home and the relocation stirred up concerns about the extent of stability due to relocation.

It is true that stability in the child’s environments, such as, the same school, same friends and social activities, offer stability. Of course, the availability of the parent to be home with children is important for stability as well. So, Indiana courts need to evaluate several factors when it comes to modification of custody rights.

Indiana courts are sensitive to all family members’ needs, particularly when revaluating custody arrangements. So, the Indiana court suggested more time should be allotted to allow for the discovery of information that provides evidence to support pros and cons of this legal case.

If you, your family or a friend need to protect their legal rights, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.