Indiana Injury And Family Lawyer Blog

July 2, 2011

Indiana Law Changes Affect Planned Parenthood

The Indiana Legislature has decided to take away the allocation for public funding for Planned Parenthood recently, a notable change in the new abortion law. Indiana is now the first state that will not provide funding for abortions. Planned Parenthood funding has been eliminated effectively immediately. In fact, soon Medicaid patients may be a risk of a cut off from services as well.

This Indiana law means that it is also the first state to deny Medicaid funds for preventive health services as well, including: gynecological pap smears and breast exams. Missouri and Texas have also eliminated Medicaid grants for family planning. The Indiana Right to Life program also supports this claim.

Indiana abortions are also banned following the 20^th week of pregnancy unless the pregnant woman is at risk of a life threatening illness.

July 1, 2011

NO TEXT AND DRIVING INDIANA ALERT

by Burton A. Padove

Effective today, it is now illegal to text or email and drive in Indiana. Doing so is now an infraction subjecting the unsafe and negligent driver to a $500 fine. It is hoped that the new law will lessen driver distraction and decrease many car accidents caused by the failure of drivers to keep a proper lookout as they read, text and drive.

Indiana lawmakers indicated that the law against texting will prevent many auto accidents especially among teenagers that can cause serious injuries, damages and even wrongful deaths. However, the law does not prohibit game playing, picture taking and even surfing while driving!

Fortunately, Indiana has other laws that an injury lawyer can rely upon in helping clients. A distracted driver may not realize that they are speeding or approaching areas that require speed reduction for the safety of other drivers and their own passengers. The Indiana Vehicle Code requires that the driver of each vehicle shall, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, approaching and going around a curve, or hill crest, while traveling upon a narrow or winding roadway and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

June 4, 2011

Medical Device Recalls

by Burton A. Padove

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?

May 25, 2011

Indiana Physician Sited for Charging Patients for Treatment Not Rendered

by Burton A. Padove

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.

May 21, 2011

Pharmacy Mistakes: Be Aware

by Burton A. Padove

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.

May 19, 2011

Dog Bite Prevention Tactics

by Burton A. Padove

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.

May 18, 2011

Drug Take Back Day

by Burton A. Padove

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.

May 12, 2011

Mass Transit Vehicle Accidents

by Burton A. Padove

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.

May 10, 2011

Passengers in Auto Accidents

by Burton A. Padove

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.

May 8, 2011

Indiana and Illinois Tractor Trailer Accident

by Burton A. Padove

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.

indiana injury and family lawyer blog