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Last Entry: November 10, 2009 at 13:59:00

Fire in the operating room, more dangerous than you can imagine

Posted on November 10, 2009
The Supreme Court of Virginia has recently upheld a verdict against an Alexandria Virginia surgeon in a case that highlights the danger known to the medical profession. Rita Talbert went to Alexandria Hospital for simple thyroid surgery in 2005. This was to be an outpatient surgery...

Virginia Board of Medicine Reprimands Doctor after Lawsuit-A Case That DID Make a Difference

Posted on November 07, 2009
The Virginia Board of Medicine has issued a formal reprimand to a doctor who has now promised to refer to a specialist any patient who has complaints of rectal bleeding. In a case handled by our office several years ago, a Virginia jury awarded $1 million to a patient whose complaints of rectal bleeding and abdominal discomfort went were diagnosed as hemmorhoids for years...

Virginia Tort Reform Fund Victim of Alleged Fraud

Posted on October 09, 2009
About 20 years ago Virginia enacted some of the nation's worst tort reform laws for children injured at birth. This law, which protects doctors and hospitals who elect to participate in it, prevents any lawsuit from being filed on behalf of children who have suffered devastating neurological injuries at birth...

Hulk Hogan Sues His Lawyers: What consumers need to know about car insurance

Posted on September 18, 2009
Terry Bollea's (aka "Hulk Hogan") recent lawsuit against his former lawyers at Zuckerman Spaeder, has several very important teaching points for consumers. Here's the short version of the story. Hogan's son, Nick, was involved in a very serious car crash when he was 17...

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The Reality of the High Cost of Defensive Medicine

Posted on September 13, 2009
As the debate ramps up regarding health care reform/insurance reform, one of the subjects that is brought up more and more often is the notion that we need to change the medical malpractice laws, on a national level. Conservatives argue for it and even the President, in a recent address, suggested that aspects of tort reform were on the table in order to fight the high cost of medical care...

Virginia Supreme Court upholds grant of Charitable Immunity to local business

Posted on August 31, 2009
The Supreme Court of Virginia has upheld a challenge to Virginia's charitable immunity law in a case involving a 25 year old severely mentally and physically disabled man. Juan Jimenez, through his court appointed guardians, had alleged that employees of Didlake, Inc...

Dish Network Virginia Child Molestation Case--Every Parent's Nightmare

Posted on July 20, 2009
Every parent's nightmare. You call the cable or satellite installer and you let them into your house. You don't know it but the installer is a convicted child molester. Easy to check that out these days..you would think. A case is brewing in Virginia where the allegations are that this Dish Network installer, complete with (as the judge put it) pornography, sex toys and "cheap children's bracelets" arrived at the house to do his work...

Payee Notification--Why Do Some Oppose this Simple Measure

Posted on July 02, 2009
Unfortunately, every so often a lawyer who is hell bent on stealing client settlement funds comes along. It's not often but its devastating to clients. Here's how it typically works. The lawyer represents a client and, without the client's permission or knowledge, settles the car accident case with the insurance company...

Beware of any Group Disability Policy

Posted on June 16, 2009
Many professional athletes find themselves doing battle with their sports group disability plan insurance carrier. <blockquote>In 2006, an appeals court awarded the estate of former Pittsburgh Steelers center Mike Webster more than $1...

Cautious Charting Skews Medical Error Statistics

Posted on June 15, 2009
Medical error statistics are skewed because of underreporting and cautious charting by medical personnel who have been taught to chart 'defensively,' meaning that they chart with litigation in mind. Countless medication and other errors are made, and some have been charted as if they were administered or performed correctly...

Government Jobs Causing more Workplace Injuries and Illnesses

Posted on June 15, 2009
According to new numbers, more workplace personal injuries and illnesses reported in Virginia were from people involved in government jobs than those in the private sector in 2007. According to a report released on January 8 by the Virginia Department of Labor and Industry, in 2007 104,200 workers sustained personal injuries or suffered illnesses while working...

Birth Injury and Trauma

Posted on June 14, 2009
Childbirth is one of the greatest joys in life. But, unfortunately, there are many things that can and do go wrong during the process of labor and delivery. Reports say that out of every 1,000 live births in the United States, eight to ten birth injuries are caused by medical malpractice or negligence...

Deadly Diseases from Improper Injection Practices

Posted on June 14, 2009
Several media outlets have broken the story that officials from the U.S. Army have confirmed that 16 patients have tested positive for Hepatitis B and C. According to reports from the Associated Press (AP), the Army said those patients were likely exposed to the dangerous blood borne illness due to improper injection practices...

Soldier Awarded $1.6 Million in a Federal Med Mal Case

Posted on June 13, 2009
 A former soldier has been awarded $1.6 million in a federal medical malpractice case against three doctors. In 2007, 39-year-old former U.S. Army Staff Sgt. Edward Poche filed suit against the doctors, alleging that in 2005, they failed to provide proper care during his treatment...

Delay in Cancer Diagnosis is Costly in Virginia

Posted on June 13, 2009
A jury in Spotsylvania County has awarded the family of a woman who died after a delayed diagnosis of breast cancer more than $7.5 million. After a five-day trial, the jurors ruled against Fredericksburg family practitioner Dr...

ZigZag Lines in Loudoun County to Reduce Accidents

Posted on June 12, 2009
No, your eyes are not playing tricks on you – the road really does have zigzag lines painted on it. Loudon County drivers may come across wiggly white lines on both sides of the road. So what exactly is going on here? The zigzag lines are part of an experiment in the rapidly growing county that hopes to see the chances of accidents and personal injuries be reduced...

What is Medical Malpractice?

Posted on June 01, 2009
Medical malpractice is the third leading cause of death in the U.S. with only heard disease and cancer ranking higher. An article published in the Journal of the American Medical Association, 250,000 people die each year in the U.S. because of the consequences of medical malpractice...

Medical Justice Pushing Gag Order

Posted on May 29, 2009
A 9-year outfit called Medical Justice has been pushing a gag order doctors can make patients sign to prevent them from criticizing the doctors online as part of a broader service for the purpose of protecting doctors from medical malpractice judgments...

Patient Died After Aquiring Infection at Hospital

Posted on May 27, 2009
A recent ruling by the Supreme Court of Virginia means that a plaintiff filing suit over a family member's death now has increased flexibility in advancing his claim against medical providers. The decision, which was made on January 16, addresses a suit alleging that the mistreatment of a patient caused both personal injury and wrongful death...

Live Baby Left in Trash from Botched Abortion

Posted on May 27, 2009
A doctor's license has been revoked after he was accused of medical malpractice after a botched abortion which authorities say involved a live baby being placed in the trash. On February 6, the Florida Board of Medicine found Dr...

Is it Enough to Suspend a Virgninia Beach Doctor's License?

Posted on May 26, 2009
In its report on Virginia Beach's Dr. Stephen Plotnick, the Virginia Board of Medicine relates the cases of Patients A through U, a litany of medical misery. Plotnick was a specialist in pain treatment, which he would typically do so with potent drugs that have a potential for abuse and addiction...

Surgeons Involved in Half of All Medical Malpractice Suits in US

Posted on May 25, 2009
It is well known that surgery is never without risks. Whenever anesthesia and surgical procedures are involved, the possibility of something unforeseen occurring is always present. However, a bad surgical outcome clearly caused by procedures below the accepted standards of care and treatment is not a risk; rather it is surgical medical malpractice...

Anesthesia Medical Malpractice

Posted on May 25, 2009
Did you know that a medical error committed by an anesthesiologist can be graver than a medical error committed by a surgeon? As strange as it sounds, the surgeon's blade may not be the most dangerous aspect of a surgical procedure; rather it may be the application of anesthesia...

Hazard from Texting While Driving

Posted on May 24, 2009
According to a recent study conducted by researchers at Eastern Virginia Medical School and Children's Hospital of the Kings' Daughters in Norfolk, driving while text messaging or fiddling with an MP3 player is an even greater hazard than talking on a cell phone while driving...

Virginia Accident Information Injury Package Now Available

Posted on May 16, 2009
Virginia accident victims often have questions: Should I talk to the adjuster? Should I sign the forms? How do I find a qualified personal injury attorney. We've answered those questions and more in a brand new Virginia Accident Information Package that is FREE to Virginia residents who have been injured in an accident in the last 12 months...

Medical Malpractice in the Emergency Room

Posted on May 16, 2009
Nearly everyone has an unpleasant experience from the emergency room they could tell you about. Whether they sat in a waiting room for hours, had a physician perform a cursory evaluation, or just had a generally miserable experience, many people don't want to go back after just one ER visit...

Surgeon Fled to Greece, Still Found Guilty of Negligence

Posted on April 05, 2009
A fugitive surgeon who formerly ran a sinus clinic has been found guilty of medical malpractice in a patient's death. In 2004, 50-year-old Phyllis Barnes died of throat cancer, but Dr. Mark Weinberger had diagnosed her as requiring sinus surgery. Shortly before Barnes' death, Weinberger abandoned his medical practice in Merrillville, Indiana and fled to Greece, deserting his wife in the process...

Disabled Adult To Supreme Court with Charitable Immnunity Challenge

Posted on April 04, 2009
A disabled adult from Prince William County, Virginia will take the dismissal of his lawsuit against Didlake, Inc. the Virginia Supreme Court. Juan Jimenez, who is severely disabled from seizures suffered as an infant, alleged that he was injured while in the care of Didlake, Inc...

Maryland Man Dies in Accident Causing Personal Injuries

Posted on February 08, 2009
An 86-year-old man from Hagerstown, Maryland died of the personal injuries he sustained when the vehicle he was a passenger in collided with a tractor-trailer carrying hazardous materials driven by a Virginia man on January 27. According to Maryland State Police, while 86-year-old Mary L...

SB 1154 - COPIES OF MEDICAL BILLS PASSES SENATE

Posted on February 05, 2009
Interesting development in the Virginia General Assembly.. Consideration of a bill that would require health care providers to provide a list of charges or an account balance pertaining to that patient at no cost. Apparently an amendment would limit such "freebies" to 3 times per 12 months...

Lawsuits Cause Insurance Costs to Skyrocket, Especially When....

Posted on January 13, 2009
They are handled by the defense like one I'm in now. I represent a woman who was rear-ended by a 18 wheeler loaded with concrete while she was sitting in stopped traffic in Washington's beltway. She has had three years of medical care totaling over $150,000 and underwent major neck surgery...

Emergency Room Medical Malpractice

Posted on December 30, 2008
Emergency rooms are typically the places in hospitals which are the most crowded, but drastically understaffed. This can lead to instances of medical malpractice due to any of the following: · Patients not being properly monitored · Diagnoses that are incorrect · Diagnoses that are too late · Incorrect or inappropriate treatment · Inappropriate doses administered · Errors in lab tests · Over dosage Approximately 50 percent of all cases of negligence in emergency rooms end up as cases of medical malpractice...

Q & A - Can a Pregnant Woman File Suit?

Posted on December 29, 2008
Q. A pregnant woman became concerned that her fetus was not moving and left several messages for her vacationing obstetrician. Because the woman’s calls were not answered, she eventually decided to personally go to the doctor’s office. If the baby was injured, would she be able to file suit? A...

Former Doctor Suing HCA

Posted on December 28, 2008
A former doctor from West Virginia who is currently faced with dozens of medical malpractice suits has filed a suit of his own against the former Putnam General Hospital. The suit filed by John King also names Hospital Corporation of America, the former owner of the hospital, among other defendants...

Permanent Eye Injury from Unacceptable Treatment

Posted on December 27, 2008
A medical malpractice suit has been filed in Illinois by Traci Woolfolk against Dr. Wen Chen, alleging that during treatment of her eye issues he deviated from the acceptable standard of care. According to Woolfolk, on July 18, 2006 she was treated by Chen for uveitis in her right eye...

Staten Island Man Receives Settlement

Posted on December 23, 2008
A settlement has been reached in a medical malpractice case involving a man from Staten Island, New York who alleged that a doctor failed to remove all of a tumor, resulting in additional, more extensive surgery being necessary several months later...

10 Year Old Girl Died from a Hit-and-Run Accident

Posted on December 22, 2008
p /p pA 14-hour manhunt ended on August 22 when a man from Fairfax County surrendered to Maryland State Police and was charged in a hit-and-run accident in which a 10-year-old Montgomery County girl died from the personal injuries she sustained./p p /p pShortly before midnight on August 21, 32-year-old Michael Eaton was driving his Range Rover at a high rate of speed on a suspended license when he collided with a Jeep Cherokee carrying a family of four on Interstate 270...

Botched Surgical Procedure for a Couple from Hurricane, West Virginia

Posted on December 21, 2008
A couple from Hurricane, West Virginia has filed a medical malpractice suit against a doctor who allegedly botched a surgical procedure to remove a thymus gland on the wife. The suit was filed by Danielle and Jason Fields against Dr. Rebecca Wolfer and University Physicians and Surgeons Inc...

The Truth About Lawyer Advertising

Posted on December 20, 2008
pbr/object width="425" height="344"param name="movie" value="http://www.youtube.com/v/xJlXFBvWsN8hl=enfs=1"/paramparam name="allowFullScreen" value="true"/paramparam name="allowscriptaccess" value="always"/paramembed src="http://www.youtube.com/v/xJlXFBvWsN8hl=enfs=1" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="425" height="344"/embed/objectbr/amp;feature=channel_page/pa href="http://northernvirginia...

See, Insurance Companies Will Stop At Nothing--Absolutely Nothing to Delay and Hinder Justice

Posted on December 20, 2008
pLet's say you are an insurance company that insures building owners. A major fire breaks out and three people die. They don't die from burns, though...they die from inhaling the toxic smoke. /p pAs the insurance company do you pay? Not if you are a href="http://www...

Bicycle Rider's Death Causes Family to File a Civil Suit Against Driver of Car

Posted on December 20, 2008
pAfter the legal remedy handed by a Virginia court left them dissatisfied, the family of a boy who died from the personal injuries he sustained while biking filed a civil suit against the woman who struck him, according to the familyrsquo;s attorney.br / br / On December 5, the familyrsquo;s attorney filed a complaint in Prince William County District Court naming 62-year-old Manassas resident Marilyn Jill Freeman as a defendant...

Negligent Treatment at an Air Force Base Causes Woman to File Suit

Posted on December 18, 2008
pA woman who filed a medical malpractice suit against the U.S. Government after necrotizing fasciitis, a flesh eating infection, virtually destroyed her arm due to the negligent treatment of military doctors at an Air Force base.br / br / Jean Phillips, the former wife of an Air Force captain, filed the suit against the U...

Praise for Robbery Without a Gun-Why Your Employer's Long-Term Disability Policy May be a Sham

Posted on December 18, 2008
pa href="http://www.brentadams.com/practice_areas/social-security-disability1.cfm"North Carolina social security disability attorney Brent Adams/a recently said this about a href="http://www.robberywithoutagun.com"Robbery Without a Gun/a, the book which exposes the games of the long-term disability insurance companies...

$54 Million Lawsuit over dry cleaned pants won't get new trial

Posted on December 18, 2008
pRemember the knucklehead who sued the dry cleaners for $54 million and wasted everyone's time? Couldn't find a lawyer so he represented himself?/p pRemember that guy./p pThe a href="http://www.foxnews.com/story/0,2933,469605,00.html"D.C. Court of Appeal turned down his bid for a new trial...

Wall Street Journal Warning on Uninsured Drivers

Posted on December 17, 2008
pGreat article in the a href="http://online.wsj.com/article/SB122947388659212351.html"Wall Street Journa/al today that points out that as the economy worsens, more and more drivers are just letting their car insurance lapse or they are buying minimal coverage...

Family Awarded $9 Million in a Medical Malpractice Case a Decade Later

Posted on December 16, 2008
A family has been awarded at least $9 million in a medical malpractice case, nearly a decade after the death of their 12-year-old son. On December 14, 1999, Andrew Muno underwent a surgical procedure at Condell Medical Center to repair a cut tendon on his left arm, but died during the procedure...

Fairfax, VA fraud: "you owe the police $7,500 for false alarms from your burglar alarm.

Posted on December 14, 2008
A woman at reported getting a call with this message by a "bill collector." The "bill collector" told her that they were collecting an overdue debt owed the "Fairfax police" because of false alarms from your burglar alarm...

Which insurance pays in a Virginia car accident

Posted on December 12, 2008
Talked to a couple of folks this week and discovered that there is still a great misperception about which insurance companies to send the bills to after an accident. Here's my thoughts. the defendant's insurance company--the guy who hit you--may take care of your property damage promptly, but if they don't, contact your own insurance company the defendant's insurance company is not going to pay your medical bills piecemeal...

Virginia's "Trial Within a Year is 'Rocket Docket' Compared to New Hampshire

Posted on December 11, 2008
Sometimes folks complain about how long it takes to get to trial in Virginia. After all, they may have gone through a long rehabilitation period after their car accident and then spent some time negotiating with the insurance company. Still, most cases get to trial in a year The insurance companies are all jumping for joy in New Hampshire...

Suing Drunk Drivers and Using Video to Show Impact on the Family

Posted on November 30, 2008
While in many civil cases the use of video to show the impact of the defendant's choice to drink and drive is allowed, sometimes the attempt to use the video is met with an objection of "you honor, that's prejudicial" to the (drunk driver) defendant...

Emergency Room Deaths Caused by Medical Malpractice

Posted on November 29, 2008
According to a 2007 statistic released by the Centers for Disease Control and Prevention (CDC), 115 million Americans receive treatment in emergency rooms each year. According to a report from the Journal of the American Medical Association, more than 225,000 people die each year as a result of medical malpractice...

Donated Organs Kill Recipients

Posted on November 28, 2008
Two families have filed a medical malpractice suit against an organ donor group in Indiana. The families allege that their loved ones died after they received organ transplants from a cancer patient. In 2007, 45-year-old South Bend, Indiana resident Anthony Taylor died nine months after he received kidney and liver transplants...

More Than Half of the Injuries Caused During Medical Treatment are from Preventable Errors

Posted on November 03, 2008
Medical malpractice takes place when a patient suffers injuries due to negligent care or preventable errors during the course of receiving medical treatment. A doctor, nurse, or someone else in the medical or healthcare profession can cause medical malpractice...

More car accidents on Election Day than any other day in the US

Posted on November 03, 2008
Researchers say that who to vote for shouldn’t be your only concern on Election Day on November 4. According to a new study, there is an 18 percent higher likelihood of vehicular accidents and fatalities on presidential election days in the United States than any other day...

Can Virginia's Birth Injury Fund Survive?

Posted on November 02, 2008
Investment holdings used for the purpose of ensuring that babies born in Virginia that are catastrophically injured due to medical malpractice during childbirth have lifetime medical payments have lost nearly $35 million since the beginning of 2008...

Personal Injury/Wrongful Death Award Against town of Blacksburg

Posted on November 01, 2008
A Montgomery County Circuit Court judge ordered the reduction of a $350,000 personal injury/wrongful death jury award against the town of Blacksburg that stemmed from a fatal car crash. The 8-year-old liability suit may have been reignited by the ruling...

Consumer Warning: Virginia State Bar says "No" to mandatory malpractice insurance

Posted on October 28, 2008
The organization that regulates lawyers in Virginia has voted down a consumer protection proposal that would have required all Virginia lawyers who deal with the public to carry malpractice insurance. Yes -- Surprise, surprise, there are some lawyers who handle cases worth hundreds of thousands of dollars who do not carry malpractice insurance...

Fairfax, Virginia Drunk Driver Gets Three Years in Prison

Posted on October 25, 2008
Fairfax Circuit Court judge Jane Marum Roush sentenced a 22 year old Fairfax County resident to 3 years in jail for an accident that killed one passenger and sentenced another to lifelong severe brain injury. Christopher Plaisier had 7 years of a total 10 year sentence suspended...

When Should I See a Doctor After an Accident(2)

Posted on October 16, 2008
A frequent question that arises after a car accident is: when should I see the doctor? The answer is: you should see a doctor as soon as you need one! Flippant? Maybe. Here's the point: you cannot make a decision about health care based on the fact that you may have an accident claim...

When Should I See a Doctor After an Accident

Posted on October 16, 2008
A frequent question that arises after a car accident is: when should I see the doctor? The answer is: you should see a doctor as soon as you need one! Flippant? Maybe. Here's the point: you cannot make a decision about health care based on the fact that you may have an accident claim...

Widow received Jury Award

Posted on September 22, 2008
A widow from Barboursville, West Virginia has received a jury award of $1.54 million in a medical malpractice suit over a 2002 surgery which resulted in her husband, Thomas Thornburg, suffering severe brain damage. On August 13, the jury in the trial, which lasted more than a week, found against Huntington Anesthesia Group Inc...

Man Who Lost Leg Awarded $1.5 Million

Posted on September 20, 2008
A man from West Tennessee was awarded $1.5 million by a jury in Madison County, Tennessee against a Jackson, Tennessee doctor and the medical corporation he was employed with after the man lost a leg due to an infection during a surgical procedure, according to court records...

Involuntary Manslaughter Charged for a North Carolina Accident

Posted on September 19, 2008
A man from North Carolina was recently indicted on a charge of involuntary manslaughter for a car accident on Interstate 95 in Dale City in which the victim died of the personal injuries he sustained. A trial date has been set in November for 39-year-old Spring Hope, North Carolina resident Philander Yardley Jordan...

Suit Filed in West Virginia for Loss of Testicle

Posted on September 18, 2008
A man from Kanawha County, West Virginia has filed a medical malpractice suit alleging that he lost his right testicle because of a physician who misread a CT scan. The suit was filed against radiologist Dr. J. Anton in the Circuit Court of Kanawha County by Jonathan Crawford on July 25...

West Virginia Man Files Medical Malpractice Suit Against Family Physician

Posted on September 17, 2008
A man from Jackson County, West Virginia has filed a medical malpractice suit against a family physician alleging that he became disabled as a result of her misdiagnosis. On July 23, Gary Jones filed suit against Dr. Sandra Brannin, a physician in Charleston, West Virginia, in the Kanawha County, West Virginia Circuit Court...

Woman Receives Radiation and Chemotherapy for Cancer She Did Not Have

Posted on September 16, 2008
A woman from Poca, West Virginia has filed a medical malpractice suit against a pathologist after allegedly receiving radiation and chemotherapy for cancer she did not have. On August 26, Charlotte Mollohan filed suit against Charleston Area Medical Center and Ho-Huang Chang, the medical director of CAMC Laboratories and director of anatomic pathology, in the Circuit Court of Kanawha County, West Virginia...

Virginia Federal Court Rules in Favor of Disability Claimant

Posted on August 27, 2008
In the first ERISA disability case to discuss the newest case from the United States Supreme Court, the disability claimant was awarded a huge win against Liberty Life Insurance Company. I was quoted in the Virginia Lawyers Weekly article about this interesting case...

What's Better, Settling or Going to Trial

Posted on August 26, 2008
Ah the age old debate about "successful" resolution of a personal injury case. Now, a new study concludes that settling your case is the best way to "win." Kentucky accident attorney Mike Schaffer has the story and analysis at his web site.I'm not so sure how valid such a study could ultimately be...

What is "informed consent"?

Posted on August 23, 2008
Informed consent is a concept in the law that says that before rendering treatment a physician must use reasonable care to properly utilize you of both the risks and the benefits of the treatment. If a physician fails to advise you of both the risks and benefits of the treatment he may be liable to you for any damages caused by the treatment if you can convince the jury that had you known the full risks and benefits of treatment you would not have undergone the treatment...

Can you sue for what might have happened?

Posted on August 22, 2008
Sometimes potential clients call us and complained that "if they had taken the medication that the pharmacist incorrectly gave them they would have become very sick." Since they did not take the medication because they noticed that it was the wrong pill, they did not get sick...

Is a misdiagnosis malpractice?

Posted on August 21, 2008
What happens when you learn that the first diagnosis that your doctor made is wrong? What if you took medication that has been harmful to you that you didn't need to take because the diagnosis was missed? What if they delay in making the correct diagnosis has cost you the chance of a cure?While all of these situations may seem to have an obvious answer they're not necessarily medical malpractice...

Head-On Crash Leaves Four in Hospital in Prince William County

Posted on August 13, 2008
On August 5 at 5:20 pm, a 31-year-old Bristow woman's 2006 Volkswagen Jetta crossed into oncoming traffic and struck a 2003 Ford F-250. They were traveling on Devlin Drive near University Boulevard in Prince William County said police spokeswoman, Erika Hernandez...

What damages are generally paid by a settlement or verdict for a Virginia Medical malpractice case?

Posted on August 11, 2008
In a medical malpractice case in Virginia, if the defendant is liable to you for injury, then a jury may consider any of the following which it believes were actually caused by the defendant's negligence. 1. Medical expenses.2. Loss of wages.3. Loss of earning capacity...

More on WhoCanISue.com

Posted on August 08, 2008
Interesting that the Whois Database lists the address for this website as the same building as an alleged spammer and an company that allegedly did not fulfill promises. Also the URL has been owned since April 2006 (and this site is all they got to show for it?)Here is the Whois infoRegistrant: WCIS Media, LLC 14000 Military Trail Delray Beach, Florida 33484 United StatesBottom line goes back to my earlier comment...

WhoCanISue.com Won't Attract Real Trial Lawyers

Posted on August 08, 2008
Time Magazine has an article about a new attorney referral marketing website and Time is using it to take another shot at lawyers....and rightfully so this time...except that I don't believe the website was built for real trial lawyers. I don't think that any legitimate personal injury lawyer would sign up for WhoCanISue...

DUI Claims another Life in Lorton, Virginia

Posted on August 05, 2008
According to the Virginia State Police, this past weekend Robert L. Thomas, 53, fell victim to a drunk driver as he drove along Route 1 in Lorton, VA. The accident involved a head-on crash when a car driven by Alfredo Martinez Rivera, 31, evidently veered across the multi-lane road to hit Mr...

Allstate Decision Leaves Insured's Personal Assets Exposed

Posted on August 05, 2008
What happens when the insurance company that is defending you in a car accident case decides to throw the dice and the jury returns a verdict in excess of your insurance policy? That's an issue that we are frequently consulted on and a recent Fairfax Virginia car accident case highlights the issues and rights of the insured who is left holding a judgment that is a whopping $150,000 more than his coverage...

How long do I have to decide what to do (file a suit, hire a lawyer, etc)?

Posted on July 31, 2008
TBA: How long do I have to decide what to do (file a suit, hire a lawyer, etc)? Originally posted at InjuryBoard by Ben Glass

Paying for the estate

Posted on July 31, 2008
My mother was in accident and died. It was head on the car behind her hit her also. The two people in that car are suing estate for 75,000 dollars. She only had $2,000 in estate account. Will I and my sister be liable to pay this? Originally posted at InjuryBoard by Ben Glass

Charges Pending in Deadly Fredericksburg Area Car Crash

Posted on July 25, 2008
A Port Royal, Virginia man, Frankie L. Walburn, died Tuesday evening when his pickup truck was hit head-on by another truck that had allegedly crossed the double yellow line.According to Virginia State Police reports,said the vehicles collided when Lamont Bryson Hendershot IV, of Montross, crossed over a double yellow dividing line on State Route 3, about a half mile west of State Route 634, in an apparent effort to pass another vehicle...

Senate Finally Questioning Dubious Disability Insurance Practice

Posted on July 25, 2008
Its about time that someone investigated this practice of the major disability insurance companies: Because their group policies allow them to reduce their payments to claimants if the claimant gets social security disability payments they often require claimants to apply for social security disability even though they know darn well that they won't qualify...

Careless Driver Flees the Scene...What Does Injured Party Do?

Posted on July 22, 2008
The Virginia State Police are reporting an interesting accident that was almost very tragic: The tractor-trailer driver was in the right lane when a woman driving a white car in front of the big rig hit her brakes to allow other traffic to merge onto the interstate, A 19-year-old Whitetop, Va...

Keeping Up With Doctors Who Move From State To State

Posted on July 22, 2008
In 2004, Dr. Enrique Tomeu abruptly closed his obstetrics practice in Virginia Beach and left the area after multiple medical malpractice suits were filed against him for allegedly injuring babies during delivery. It now seems that the worst may have been yet to come...

Consumer Alert (again) Lawyer Directory AttorneysDelivered.com

Posted on July 17, 2008
I previously talked about DUI1.com a "Find Your DUI lawyer" website that boasted about its qualified lawyers at the same time it was soliciting lawyers to "join the network" by telling them that they were qualified to handle DUI cases if they knew how to plead their clients guilty...

Insurance Company Tricks: "Deal with us directly"

Posted on July 13, 2008
Had a new client in late last week. He had been hit by a State Farm insured in a car accident. He has a mild brain injury and suffered orthopedic injuries. Know why he called a lawyer? He tells me that's it is because, just after his accident, he was contacted by a State Farm adjuster who told him that 'its lots better just to deal with me [the adjuster] directly, that way we can just cut out the lawyer's fee altogether...

Florida Jury Awards $35 Million in Birth Injury Case

Posted on July 13, 2008
On June 13, a jury in Broward County, Florida warded a family from Lauderhill, Florida $35 million in a medical malpractice suit that accused Broward General Medical Center of causing their child irreversible brain damage through a botched delivery, according to the family's attorneys...

Hand Up the Cell Phone While Driving

Posted on July 11, 2008
Currently, the legal trend of banning the use of hand-held phones while driving is spreading. Currently, Connecticut , New Jersey , New York , Washington D.C., and the Virgin Islands have passed laws banning the devices. California and Washington State have as well, with laws going into effect on July 1...

Doctor Suspended after Removing the Wrong Lung

Posted on July 09, 2008
The medical license of a surgeon in New Jersey has been suspended after it was discovered by state regulators that he had removed the wrong lung from a patient and then attempted to conceal his error. According to the state Attorney General's Office, Dr...

Virginia Doctor Injured After Being Chased on Bike by Dog

Posted on July 07, 2008
On June 23, a 59-year-old Fairfax physician sustained serious personal injuries after a dog chased after his bicycle and attempted to grab the back wheel. The man was caused to be launched over the handlebars of his bike and land on his face when he attempted to kick the dog away with his right leg, according to Washington County Deputy Erik Hinchey...

"Cosmetic Surgeon" in Jeopardy of Losing Her License

Posted on July 05, 2008
For the third time in a four year period, a doctor from Winston-Salem , North Carolina is in jeopardy of losing her license. The N.C. Medical Board filed charges in June against Dr. Anne Litton White alleging that she advertised in a false and misleading manner, forged the name of another doctor on forms authorizing advertisements, and provided false information to a board investigator...

"Move Over" Law Not Being Followed in Virginia

Posted on July 02, 2008
The law is on the books in 48 states, but 71 percent of Americans are unaware of its existence. According to law enforcement officers, the need for motorists to be educated about the "move over law" has reached a critical point after four Virginia State Police troopers sustained personal injuries over the past three months from drivers who failed to slow down or change lanes...

Surgical errors account for many medical malpractice suits.

Posted on June 30, 2008
Surgical errors rate among the most serious forms of medical malpractice. Every year, approximately 98,000 hospital patients die because of such errors. Though there are various types of surgeries, any time a patient submits to any kind of surgery, he or she risks injury...

July 1 Increase In Virginia Malpractice Still Not Enough

Posted on June 27, 2008
Increased Malpractice Damage Cap In Virginia Is Still Unfair To Victims Virginia Personal Injury Attorney Speaks Out Against July 1 Increase in Malpractice Damage Cap Fairfax, VA , June 27, 2008 - Ben Glass, legal advocate for victims of medical malpractice in Virginia , is speaking out against the state's two million dollar damage cap...

Consumer Alert--Tread Cautiously With the Lawyer Directory Websites

Posted on June 25, 2008
An email sent today to lawyers across the country should cause consumers use extreme due-diligence when searching for a lawyer on the Internet. DUI1.com, a very popular and highly ranked (in Google) website solicits people who have been charged with drinking while driving and who are looking for a lawyer to defend them...

How can I determine if I am a victim of medical malpractice?

Posted on June 22, 2008
Discerning whether or not a person has a case for medical malpractice can be complex and costly. There are some obvious medical errors such as an instrument being left inside a patient. However, the majority are much less obvious. So how can you determine if you were the victim of medical malpractice? The first thing you should do is contact an attorney experienced with medical malpractice cases...

Brain damaged child settlement

Posted on June 18, 2008
According to documents filed in a Probate Court in Cuyahoga County, Ohio, the attorneys for the Cleveland Clinic and the mother of a brain-damaged child reached a $10 million settlement for a medical malpractice suit on May 1. Of the settlement amount, Michael Becker, the attorney who represented Solon, Ohio resident Elizabeth Elia and her 6-year-old son Abram, asked the court to approve his request of $4 million in legal fees and $430,000 in medical and legal expenses...

What information should be made public?

Posted on June 15, 2008
The North Carolina Medical Board is looking at how detailed information should be reported and what the public should be told concerning the records of doctors', including medical malpractice judgments. Some information about providers was detailed by a law enacted last August to be posted on the Web site of the medical board, but other information was not specified how to be handled...

Huge Victory in Virginia for Long-Term Disability Claimants

Posted on June 12, 2008
Yesterday, the Fourth Circuit Court of Appeals dealt a major blow to Prudential Insurance Company of America in an ERISA group long-term disability case involving a claim for benefits.The big issue in these all of these ERISA disability cases is whether a federal judge can look at a claim denial "all over again" or whether he has to grant deference to the insurance company administrator denying the claim...

Roanoke Times Points Out How Stupid Virginia's Cap on Damages Is

Posted on June 12, 2008
There is a great editorial in the Roanoke Times that really hits the nail on the head in proving how Virginia's cap on malpractice damages does nothing for insurance premiums but practically guarantees that the most seriously injured will need public assistance at some time...

Military Medical Accountability Act

Posted on June 11, 2008
If one Congressman from New York has his way, members of the U.S. armed forces would be able to file medical malpractice suits against the military. The Carmelo Rodriquez Military Medical Accountability Act has been introduced by Democratic Rep. Maurice Hinchey in an effort to reverse a 1950 decision by the Supreme Court that protects the military from claims of malpractice...

Doctor Put on Hold, Hangs Up, Patient Dies

Posted on June 10, 2008
Virginia Radiologist Hangs Up Phone and Faxes Report of Life-Threatening Blood Clots. Treating Doctor Doesn't Act on Fax. Virginia Supreme Court says that Radiologist Cannot Escape Liability by Blaming the Treating Doctor.On Friday The Supreme Court of Virginia has ordered a new trial for the estate of a woman who died from a pulmonary embolism, rejecting a jury instruction that permitted a doctor who hung up the phone after being put on hold to blame the patient's primary care physician...

Car Hits a Semi on Dulles Toll Road--Seat Belts Save Lives

Posted on May 10, 2008
Jason Vasiento, a 29-year-old veterinarian technician from Herndon died of the personal injuries he received from his car hitting a semi-truck on the Dulles Toll Road on Saturday, March 23. According to Virginia State Trooper Frederick Richens, Vasiento was not likely to have been using his seat belt at the time of the crash and was traveling at a speed between 80 and 90 mph...

Drunk Driving Teenage Driving Manslaughter

Posted on May 09, 2008
A teenager from Fairfax County pled guilty on April 21 to involuntary manslaughter after a 59-year-old woman from Leesburg died from the personal injuries she received in a drunken-driving crash with the girl. Under the plea agreement, the charge of aggravated manslaughter was reduced by the state to involuntary manslaughter, which carries a lesser penalty...

Virginia Highway Death Toll Climbing

Posted on May 08, 2008
A firefighter from Henrico County died from the personal injuries he received on the morning of Sunday, March 30 after he was pinned between a vehicle and a tree at his home in New Kent County. According to New Kent authorities, Joseph Ritzenthaler had been a member of the Henrico Fire Department for almost six years...

Arlington County School Bus Crash When Drive Becomes Unconcious

Posted on May 07, 2008
Sometimes, sudden unexpected emergencies do happen. According to police from Arlington County, after the driver suddenly became unconscious, a school bus crashed into a parked vehicle. The accident occurred on the morning of Monday, April 14 when a bus traveling to the Potomac School in McLean drove off of the road on westbound Williamsburg Boulevard near Glebe Road...

Automobile Accident on VA 663-Seatbelts Can Save Lives

Posted on May 06, 2008
Two men were recently listed in critical condition at the University of Virginia Medical Center from the personal injuries they received in an automobile accident on Va. 663. One was listed as being in extremely critical condition. On the day of the accident, 50-year-old Waynesboro resident Joseph Kestner was driving his 1993 Chevrolet Cavalier westbound on Va...

Kingstowne, Virginia Dentist Sues Board of Dentistry Members

Posted on April 27, 2008
Local dentist Farid Zurmati has filed a lawsuit in Federal Court in Alexandria, Virginia, against members of the Virginia Board of Dentistry, alleging that they have violated his constitutiional rights in their multiple investigations of him.The lawsuit contends that member of the Board of Dentistry, and two Assistant Virginia Attorney Generals "engaged in a campaign of intimidation, coercion and harassment against Zurmati, aimed specifically at denying him a fair, unbiased hearing on the merits of his case...

What Do You Think About Lawyer Ads?

Posted on April 22, 2008
Many lawyers are concerned about the effect that their advertising has on consumer attitudes about them. They also want to know what works and what doesn't. I've developed a quick, six question survey about what you feel is effective lawyer advertising.

Eight Minute Colonoscopy Misses Tumor That Will Now Kill

Posted on April 20, 2008
A colonoscopy is one of the best things you can do to prevent colon cancer. Colon cancer is a killer but it is slow growing and very, very preventable. But....the colonoscopy has to be properly done.Kevin Rexford, a former patient of the Endoscopy Center of Southern Nevada filed a medical malpractice suit, believing that the frenetic pace of procedures is killing him...

Should Malpractice Prevent You from Practicing Elsewhere

Posted on April 19, 2008
Here's an interesting story from Maine--it seems that a neurosurgeon with a serious malpractice claim pending in New York applied for and was given privileges to practice in Maine. The neurosurgeon was then found liable in a medical malpractice suit for a surgical procedure which left a man in a wheelchair prior to the doctor coming to Maine...

Car insurance company says, "we're going to close the file if we don't hear from you"

Posted on April 18, 2008
Met with a nice couple within the last few days. They were very distressed. The wife had been in a car accident and was still under treatment. The distress was being caused by a major car insurance company and its adjusters.What were they doing?Persistently calling, emailing and calling on the cell phone to pressure the couple to settle...

Injured Students from McLean Bible Church may Need to Look to Own Insurance

Posted on April 14, 2008
Virginia State police are investigating a crash that occurred this past weekend, involving a bus carrying children from McLean Bible Church, in McLean. According to published reports, at least 10 children and two adults are being treated for injuries sustained when the bus overturned near Bridgewater, Virginia...

Nurse Arrested After Infecting Patients

Posted on March 29, 2008
In an unfortunate case of medical malpractice, a nurse suspected of theft of painkillers during surgical procedures is believed to have infected at least 15 members of military service or their relatives with hepatitis. The nurse, retired Army captain Jon Dale Jones, was placed under arrest in Miami, Florida earlier in March and charged with assault of three of those patients and possession of a controlled substance through fraud.

Should a Nursing Home Be Required to Carry Insurance

Posted on March 28, 2008
Every so often we see debates in the media about whether hospitals, doctor, even lawyers, should be required to carry insurance. Required, that is, by law. Here's whats brewing in Oklahoma

Those Darn Frivolous Malpractice Cases

Posted on March 27, 2008
Every medical malpractice case is frivolous, right? Some folks can't utter the words "malpractice lawsuit" in a sentence that doesn't include the word "frivolous." How much is this one worth?

Prudential Didn't Use Qualified Doctors to Deny Disability Claim

Posted on March 24, 2008
Graham Harrison, filed for disability benefits under his group long term insurance policy provided by Prudential Insurance Company. He suffered from Tourette Syndrome which prevented him from working on a full time basis. His doctor, a neurologist and specialist in his disease (Tourette Syndrome) had recommended that he consider reducing his work schedule to less than full time to accommodate his condition which have led to chronic anxiety, a disrupted sleep pattern and agitation...

$809,000 for Testicle Lost by Delay

Posted on March 21, 2008
A Superior Court jury in Worcester County, Massachusetts has awarded a New Jersey man over $809,000 in damages and interest after he lost a testicle due to an emergency room doctor's failure to correctly diagnose his testicular torsion, according to court records.

Ritter doctors cleared of malpractice

Posted on March 20, 2008
On Friday, March 14, a cardiologist and radiologist were cleared by a jury of medical malpractice for the diagnosis and treatment of deceased actor John Ritter. Ritter died of a torn aorta in 2003. A majority of the jurors believed there was no time for the cardiologist summoned to the hospital after the diagnosis of a heart attack to order a chest X-ray which would have discovered the tear.

Reason #25 for the high cost of medical care

Posted on March 19, 2008
A former dentist from Pennington Gap has been found guilty by a federal jury of 10 felony charges, including racketeering and fraud.

Public and doctors warned on Spiriva

Posted on March 19, 2008
The Food and Drug Administration is notifying patients and doctors about the potential risk of stroke with Spiriva a drug used to treat breathing problems related to chronic obstructive pulmonary disease. Apparently, an analsys of the data of earlier trial led to the discovery of a potential relationship...

Taser Lawsuit Dismissed on Immunity Grounds

Posted on March 18, 2008
A $4.5 million personal injury lawsuit filed by a man a former Colonial Beach police officer Tasered in 2005 has been dismissed by a federal judge.

Windsprints in 90 degree weather lead to death, says lawsuit

Posted on March 17, 2008
On Thursday, March 6, a $25 million lawsuit was filed, alleging that the wrongful death of a Richlands High School freshman in September was the result of his gym teacher forcing him to do wind sprints in 90-degree temperatures, regardless of school officials knowing that he had a heart condition which prohibited physical fitness activity...

Mississippi to Limit Damages for Medicaid Patients?

Posted on March 10, 2008
The Senate of Mississippi has passed legislation that would limit the amount a Medicaid patient could receive from a physician in a lawsuit for medical malpractice. The proposal's supporters say that it will help attract and retain doctors that would serve Medicaid patients...

California Personal Injury Decision

Posted on March 08, 2008
In general personal injury law, the wrongdoer is responsible if his actions cause a series of events which themselves cause further injury. This is the personal injury law of Virginia. A recent California case highlights almost the reverse of the issue...

Did Endoscopy Center Expose Patients to Hepatitis?

Posted on March 06, 2008
The Southern Nevada Health District believes that the Endoscopy Center of Southern Nevada may have exposed up to 40,000 patients to the hepatitis C virus, leading to several medical malpractice suits. Will Kemp, a class action attorney in Las Vegas, says that he received a call on Wednesday, February 27 from a man fearing he'd contracted the virus at the clinic...

Malpractice Caps Get Noticed When Celebrities Are Hurt

Posted on March 04, 2008
Ron Springs, a former player for the Dallas Cowboys who has been in a coma since the fall when he underwent a surgical procedure to remove a cyst, has been listen among the 11 plaintiffs who are challenging the medical malpractice cap of the state of Texas in a lawsuit filed on Monday, February 22...

Why Are Malpractice Cases Important?

Posted on February 20, 2008
The medical profession doesn't police its own very well. In Alabama, a physician who has been named in 120 malpractice cases in West Virginia and two in Birmingham is finally facing the possibility of losing his license due to complaints from former patients, including one who was in a coma for 26 hours.

Cerebral Palsy Award $38 million

Posted on February 19, 2008
In Stamford, Connecticut, a city obstetrician has been ordered by a Superior Court jury to pay a family of a boy who was born with cerebral palsy in 2003. The verdict is believed to be among the largest awards for medical malpractice in the history of Connecticut, surpassing an award for $36...

Alleged Drunk Driver Injures Virginia State Trooper

Posted on February 14, 2008
A Virginia State Police Trooper had to be placed in intensive care for the severe personal injuries he received after he was hit by a man who had been driving under the influence of alcohol on Interstate 81. The accident took place shortly after 11 p...

A Lighhearted Look at Federal Judges

Posted on February 14, 2008
All of the lawyers who read this blog will really enjoy this short musical video.

Woman Can't Sue for Circumcision She is Not Happy With

Posted on February 13, 2008
On Tuesday, February 5, the Minnesota Court of Appeals ruled that a mother who was unhappy with how her baby's circumcision looked cannot sue a hospital in Fridley, Minnesota for medical malpractice.

"Popcorn Lung" Death

Posted on February 11, 2008
A Colorado man who is believed to be the only consumer to develop "popcorn lung" from regular microwave popcorn servings has filed a personal injury suit for injuries from the artificial butter flavoring which had only sickened workers at popcorn factories previously.

Broken Leg Allegedly Leads to Malpractice Death

Posted on February 10, 2008
A medical malpractice complaint has been filed against Maryland's Union Memorial Hospital and two doctors there by the family of a woman who was treated at the hospital after a 2006 head-on crash who eventually died. According to the claim, which was delivered to a Maryland arbitration board, the Nicole Smith's death was the result of a blood clot traveling from her broken leg to her lungs due to improper treatment.

Who Is to Pay the Rest of the Bills?

Posted on February 08, 2008
In a $10 million medical malpractice case, the parties were unable to reach a settlement due to the opposition of the U.S. Attorney's Office to the demand of the plaintiff, Florencia Lewis. According to the opposition filed by Assistant U.S. Attorney Mikel Schwab, the plaintiff was under the misconception that, in addition to the willingness of the federal government to pay $339,900, the United States was also under obligation to pay the unknown bills from TRICARE, her medical program, which she will submit at a later date...

Georgia Unfairly Restricts the Right to Sue E.R. Doctors

Posted on February 07, 2008
A big difference to hospitals and patients could be made by a slight change in the wording of the malpractice reform law of the state of Georgia. Georgia Watch, a consumer advocacy group, is making a push for an amendment which would make it easier for patients who believe they have been harmed in the emergency room to file suit against hospitals.

Meningitis Death Leads to Lawsuit

Posted on February 06, 2008
On Friday, January 11, a medical malpractice lawsuit was filed against the Hospital of the University of Pennsylvania (HUP), by the family of Anne Ryan, a college sophomore who died from meningitis at the hospital on September 9. The family is alleging misdiagnosis and mistreatment by HUP...

The Insurance Industry Will Stop At Nothing

Posted on February 05, 2008
Virginia is a very conservative state for practicing medical malpractice law. The Virginia docs won't testify against another doc, the university based medical school have basically told their docs that they'll get fired if they even try to help a patient and we have one of the worst malpractice cap laws in the country...

United States to Pay $750,000 To Settle Claim

Posted on February 04, 2008
The United States has agreed to pay $750,000 as a settlement for a medical malpractice suit filed by the family of a woman from Florida who died after undergoing eight surgical procedures in a little over a month at Jacksonville Naval Hospital in Jacksonville, Florida in 2005...

Doctor Caught Reusing Syringes

Posted on February 03, 2008
It has been discovered that another doctor has been committing medical malpractice by reusing syringes to administer injections to patients. Last fall Dr. Jacob Simhaee, an obstetrician-gynecologist reused syringes while administering flu shots to at least 36 patients.

Drivers Should Stop Texting While Driving

Posted on February 02, 2008
Del. James Scott (D-Fairfax) believes that enough adults in Virginia are attempting to send text messages while driving, which could potentially result in personal injury, that he wants to ban the practice. He has filed in advance of the 2008 General Assembly session a bill that would prohibit operating a vehicle while sending text messages.

$1,000,000 Fairfax, Virginia Medical Malpractice Verdict

Posted on February 01, 2008
We are thankful and pleased to report a verdict for one of our medical malpractice clients in Fairfax, Virginia, yesterday. The case involved a 3 year delay in diagnosing rectal cancer. During this time the defendant ignored signs of rectal bleeding, attributing repeated findings and complaints of bleeding to 'hemorrhoids...

Force People to Buy Health Insurance? Silly

Posted on February 01, 2008
The National Retail Federation has suggested to Congress and the Bush Administration that lawmakers consider an "individual mandate" requiring all individuals to obtain health insurance and new voluntary coverage options for part-time workers. We have heard this from some of the Presidential candidates...

Pay Day Loan Rates Should Not Be Capped in Virginia

Posted on January 14, 2008
The Virginia General Assembly has started its 2008 session and one are of controversy is whether so-called "Pay- Day" loan rates should be capped. House Bill 12 proposes limiting the annual rate of these loans to 36%. This is a bad idea. A "pay-day" loan is a short term unsecured loan, usually of only a few hundred dollars, that generally carries a rather high rate of interest, especially when annualized...

Police Dog Bites Wrong Man

Posted on January 08, 2008
A man in St. Paul, Minnesota received a personal injury as a result of a case of mistaken identity. After a police officer went to a downtown bus stop in response to a call about a gun-toting suspect, he went to his squad car to get his police dog for assistance...

Contract Security Firm May be Liable for Injury

Posted on January 07, 2008
According to a ruling by the Arizona Court of Appeals, retailers who hire security firms in to patrol their premises can be held liable if a customer receives a personal injury. The judges acknowledged that firms who hire independent contractors for such jobs generally cannot be sued for the activities of the employees of that contractor...

Texas Man Loses Arm in Work Place Accident

Posted on January 06, 2008
A concrete worker from Texas is recovering from in the hospital after receiving personal injuries in an accident at his workplace on Wednesday, January 2. The accident resulted in the amputation of the man's arm. According to his son, 52-year-old Robert Kerstetter was greasing a machine at 4:30 a...

Attorney Stephen Thomas Conrad

Posted on December 12, 2007
In the last week, our office received several phone calls and emails from clients of this attorney who has been recently arrested. We investigated and found that according to the Virginia State Bar website, his license to practice law was recently suspended...

300,000 Drivers License Suspensions Loom in Virginia

Posted on December 11, 2007
Now what do we do? Virginia DUI defense attorney Bob Battle has an excellent post today regarding the "unintended consequences of Virginia harsh "bad driver fees" put into law by our General Assembly earlier this year. Here was the good idea. Reduce taxes but quadruple fines (er...

Health Insurance Plans taking more than their fair share

Posted on November 20, 2007
There is an article in today's Wall Street Journal about the bit that 'subrogation' can take out of your personal injury case. The WSJ blog has a good discussion going and I have contributed to it. The bottom line with personal injury cases today is that the plaintiff and her lawyer need to figure out, in advance, whether the health benefit plan will be seeking reimbursement...

Appeals Court Issues Rare Public Rebuke of Judge

Posted on November 14, 2007
In an extraordinary public rebuke of a sitting judge for one of his decisions, the Ninth Circuit Court of Appeals has formally apologized to the parties for the cost and delay that the judge's action caused. The case is Calderon v IBEW Local 47. The plaintiff started a lawsuit and served one party but initially failed to serve a second party...

20 Year Wati for Lead Poisoning Justice

Posted on November 08, 2007
Congratulations to our friend and lead poisoning litigation expert, Richard Serpe. On October 14th, 2007 Serpe a jury awarded one of his lead poisoning victims a $1,500,000 verdict. Chauncey Freeman was poisoned as a two year old, but it was not until he was almost 20 years old that he sought out Serpe to pursue the idea of a claim...

Coin Flipping Virginia Judge Tossed

Posted on November 06, 2007
In a highly unusual proceeding, the Supreme Court of Virginia has dismissed a Juvenile Court judge who (1) decided a custody matter by flipping a coin; (2) had a mentally disabled woman pull her pants down to show an alleged wound; (3) made and ex parte call to a local hospital to attempt to verify/discredit the woman's story about being wounded...