Milwaukee Personal Injury Lawyer

Elder Justice Act in Senate Health Bill

Paul Jacquart — Mon, 18 Jan 2010 12:57:54 GMT

According to the Elder Justice Coalition, the current version of the Senate Health Bill contains the Elder Justice Act, but the House version of the bill does not, meaning its future may be at stake when the two bills are eventually merged. On its website, the Elder Justice Coalition provides that the proposed legislation: "creates a combined law enforcement and public health approach to study, detect, treat, prosecute and, most importantly, prevent elder abuse, neglect and exploitation." The proposed legislation explains that there are estimated to be between 500,000 to 5 million cases of elder abuse and neglect nationally each year and that the figures are expected to increase in the future due to the large aging baby boom population. If implemented, the proposed measures would be most welcome to those of us that advise families whose loved ones suffer from nursing home negligence and abuse.

In Wisconsin, the Department of Health Services website has links with instructions on how to file a complaint arising from nursing home negligence and specifically offers Help Lines to victims of elder abuse. Our firm's experience interacting with the Division of Quality Assurance, which investigates complaints about nursing home and assisted living care, has been very positive. They take complaints seriously and thoroughly investigate when serious issues are raised. We are hopeful that, if passed, the Elder Justice Act will augment the resources currently devoted to these issues.

Originally posted at InjuryBoard by Paul Jacquart

More Traffic Accident Deaths on Rural Roads than Urban

Paul Jacquart — Wed, 07 Oct 2009 17:42:45 GMT

An interesting article today from USA Today states that a National Highway Traffic Safety Administration study has found that significantly more traffic accident deaths (56% of the total annual number) occur on roads located in rural areas. This is despite the fact that only 23% of Americans live in rural areas. The article quotes Lee Munnich, the director of the Center for Excellence in Rural Safety at the University of Minnesota, who explains that while there are more accidents in urban areas, the number of fatalities in rural accidents is higher:

People drive faster on rural roads, which are not as well-engineered as urban highways, increasing the likelihood of death or severe injury in crashes, Munnich says. Other factors: behavioral differences, including more drunken driving and less use of seat belts in rural areas, and slower delivery of acute medical care.

The USA Today article provides a state by state breakdown of rural vs. urban traffic fatalities and at 68% of traffic fatalities occuring on rural roads, Wisconsin is significantly higher than the 56% national average.

Originally posted at InjuryBoard by Paul Jacquart

The Hazard of Noiseless Hybrid Cars -- The Driver's Responsibility to Pedestrians

David Lowe — Wed, 23 Sep 2009 23:26:17 GMT

A story in today's Washington Post entitled "The Deadly Silence of the Electric Car" discusses automakers' views about whether and how to add noises or "distinctive audio signatures" that will alert pedestrians to the presence of battery-powered electric cars that are virtually silent at low speeds, before the internal combustion engine kicks in with its familiar noise. Some manufacturers plan to maintain the silence that has been a manufacturing goal for decades; others are experimenting with a variety of sounds that will serve as safety alerts.

The National Highway and Traffic Administration is studying the issue, and some legislators are apparently proposing measures that would mandate audio alerts.

I don't know how this debate will affect public policy, but meanwhile it seems clear that operators of these cars need to alter their driving habits to take into account that pedestrians may not be aware of their presence. When turning across pedestrian crosswalks and driving through metropolitan areas of high foot traffic, hybrid drivers need to assume that "they don't hear me" and drive with caution. And maybe the horn needs to be used a little more often.

Originally posted at InjuryBoard by David Lowe

Running A Red Light—Caught On Camera

David Lowe — Wed, 02 Sep 2009 13:16:19 GMT

Motorists running a red light kill and injure many people every year. Statistics about drivers running red lights from 2007, the most recent year that data were compiled, reveal that nearly 900,000 people are killed and 150,000 are injured annually by drivers running red lights.

The issue came into focus here in Wisconsin where a videotape from August 18 caught the frightening scene of a bicyclist being struck by an SUV being operated by a Wisconsin lawmaker, state representative Fred Clark, at a downtown Madison intersection.

Driver negligence, whether by use of cell phones, drunk driving or, as in this case, an inattentive driver, is an unavoidable byproduct of modern transportation, but deaths and injuries can be avoided through better use of available technology. Community planning should include widely-accepted photo enforcement programs. For information on efforts to increase public awareness of the problem check out the website of The National Campaign to Stop Red Light Running, a grassroots organization of crash survivors and their families who care deeply about traffic safety.

Originally posted at InjuryBoard by David Lowe

Spinal Cord Injury Patients Enjoying Wii Therapy At Milwaukee VA Medical Center

David Lowe — Thu, 20 Aug 2009 09:35:01 GMT

My law firm, Jacquart & Lowe, S.C. of Milwaukee, Wisconsin was pleased to join over 50 other InjuryBoard law firms nationwide who have presented Nintendo Wii games to physical therapy centers this month. A story about our Wii giveaway to the spinal cord injury clinic at the Milwaukee VA Medical Center aired on Channel 58, WDJT-TV on August 17, 2009.
www.youtube.com/watch?v=oZ9sOjgSnvA

Wii therapy has been shown to improve memory, range of motion and socialization for patients with brain injuries.
www.youtube.com/watch?v=8AyIbstuk-k

We chose to make our gift to the Milwaukee VA Medical Center's spinal cord injury clinic in recognition of the veterans who have served our country with great valor and sacrifice, and with appreciation for the skilled physical therapists and medical staff at the Milwaukee VA's spinal cord injury clinic who have helped our firm's clients in a number of cases. It was gratifying to give back and assist their mission, and hopefully help veterans with spinal cord injuries and other neurological disorders with this great new approach to therapy--one that provides tangible benefits as well as some plain fun .

Originally posted at InjuryBoard by David Lowe

Just Say No: Why Giving a Recorded Statement to Insurers May Be a Bad Idea

David Lowe — Mon, 27 Jul 2009 19:22:00 GMT

"You’re in good hands", because they’re "like a good neighbor", always "on your side". Even if you channel surf through commercial breaks, chances are you’ve seen at least one ad for an insurance company touting their folksy, people-first policies. While insurance companies are not villains, it is important to remember that they are businesses, and they act first and foremost in their own interest, not yours. So when you have been in an accident and receive a call from an insurance adjuster or claim representative requesting a statement, understand that the caller's purpose is to get you to make concessions that may result in the denial of your claim, or to minimize the amount they will have to pay to settle your claim. Therefore, you should be very careful about what statements you make, especially if they are going to be recorded.

You might wonder what’s so distinct about a “recorded statement” as opposed to a regular statement. After all, if you’re going to say the same thing in either case, can’t it still be used the same way? You may be surprised that it cannot. While you should give a statement containing the facts of the accident, a company cannot make your words a matter of record without your specific permission. Providing helpful information to the insurance companies is different than committing yourself to a standing record.

First of all, you need to know that it is your right to refuse to make a recorded statement if you are making a claim under someone else’s policy or if the statement is not for your own insurance company. If an insurance company for another driver is pressuring you to make a recorded statement, you should contact a personal injury attorney who specializes in auto accidents. An attorney can make sure that the necessary information reaches the insurance company, but that you do not make incorrect or imcomplete statements that can be used against you later.

Even though you should never agree to provide a recorded statement to the other insurer, it is not uncommon for your own insurer to request a recorded statementif your insurance policy provides uninsured or underinsured motorist benefits. You have a duty to cooperate with your own company by providing requested information but can provde the information without giving a recorded statement.

Once you give a recorded statement, it is impossible to change anything you have said. The record is created on the spot, with no time to prepare and often before you have seen your doctor and obtained an accurate diagnosis of your condition. If you give incomplete answers because you have forgotten some details, you will meet with skepticism or disbelief if you try to add to them later. If you describe an injury to one are of your body, your statement will be used against you when you devlop symptoms in another ara of the body, because you failed to mention it in your first statement. It is common experience that some injuries are not symptomatic until weeks or even months after an accident, or they were masked or less important because of a more prominent injury immediately following the accident. You may unknowingly make incorrect statements that prevent you from getting the compensation you deserve. Your spontaneous statements may not be as clear as you think they are, so if your own insurer says you are obligated to make a statement, you should submit one in writing so that you can be concise and accurate. If you are careful to only share objective facts about the accident and avoid speculation about fault, your own insurance provider can use the statement to help determine the settlement.

After an accident, avoid giving a recorded statement to a claims representative despite their you need to protect your interests, because even "good hands" and "good neighbors" have their own agendas. The process of seeking fair compensation for injuries sustained in an accident is full of pitfalls and complications. Rather than giving a recorded statement in response to interrogation from the claims representative, your interests are always better served by obtaining skilled representation from an attorney who handles personal injury cases. Giving a recorded statement without the assistance of an attorney may cause you to lose the compensation to which you are entitled.

Originally posted at InjuryBoard by David Lowe

Who Can Sue For Medical Malpractice in Wisconsin?

David Lowe — Thu, 16 Jul 2009 08:39:47 GMT

“Yes, this death was the result of malpractice, but there is no one with the right to sue and hold the doctor or hospital to account.”

As a medical malpractice lawyer in Wisconsin, I have had to deliver this sad and surprising news more than once to parents of an adult child who died because of medical malpractice. I have also had to inform adult children who lose a parent because of medical negligence: “Because you are adults, you cannot sue for the wrongful death of your parent. And if there is no surviving spouse, there is no one with the right to sue, and the wrong will have to go unaddressed.”

This may change. Wisconsin Assembly Bill 291, if adopted into law, would reverse two court decisions and confirm that a parent of an adult child whose injuries were the result of medical malpractice will have the right to sue for the loss of the child’s society and compansionship. The bill would reverse the 1994 decision in Estate of Wells v. Mt. Sinai Medical Center and allow a parent to recover for loss of society and companionship if the parent's adult child is injured as the result of medical malpractice. The bill would also reverse the 2000 decision in Czapinski v. St. Francis Hospital, Inc. and permit an adult child to sue for the loss of society and companionship of a parent who died as the result of medical malpractice.

The death of a child due to medical malpractice can be a grievous loss no matter at what age it occurs. Fairness demands that this bill be passed into law.

Originally posted at InjuryBoard by David Lowe

Unrestrained Dog In Motor Home Leads to Highway Tragedy

David Lowe — Tue, 23 Jun 2009 11:50:00 GMT

Last week’s fatal crash of a motor home and sport utility vehicle near Verona, Wisconsin that resulted in the deaths of 55 year old John Seier of Dubuque, Iowa and 13 year old Travis Brune of LaMotte, Iowa is being blamed on a dog that jumped onto the lap of the driver of the motor home, causing the motor home to cross the center line of U.S. Highway 151 and collide with the SUV.

This is not a matter of blaming the dog; it is the fault of the pet owner who chooses to drive with an unrestrained pet. Driving with an unrestrained pet as a passenger presents a risk to everyone on the roadway. Pets can be unpredictable in their behavior, and any unrestrained object in the cabin of the vehicle can cause injury or distraction to the driver, resulting in the kind of tragedy that happened here.

Families heading out for summer camping trips with pets need to take precautions to avoid hazardous situations that can injure other passengers and highway users.

Dane County Humane Society spokesperson Gayle Viney commented about dogs traveling in cars be crated, gated off from the driver or otherwise restrained:"There are harnesses for every type of dog, every weight, size, which go around the dog and hook on to the seat belt."

Originally posted at InjuryBoard by David Lowe

Zicam Products Recalled - May Damage Sense of Smell

Paul Jacquart — Wed, 17 Jun 2009 10:02:48 GMT

The U.S. Food and Drug Administration announced yesterday that it has recalled three Zicam over-the-counter cold remedy products because they may cause consumers to lose their sense of smell. The FDA news release provides that the following products have been recalled due to this danger:

--Zicam Cold Remedy Nasal Gel
--Zicam Cold Remedy Nasal Swabs
--Zicam Cold Remedy Swabs, Kids Size (a discontinued product)

According to the FDA, these products may cause a permanent loss of smell as early as the first usage. The FDA recommends immediately discontinuing use of these products and instructs consumers to contact their physicians if they have experienced smell loss symptoms. The news release provides the following contact information if you have used the product and have experienced a loss of smell:

Health care professionals and consumers are encouraged to report adverse events (side effects) that may be related to the use of these products to the FDA's MedWatch Adverse Event Reporting program online, by regular mail, fax or phone.
--Online
--Regular Mail: use FDA postage paid form 3500 and mail to MedWatch, 5600 Fishers Lane, Rockville, MD 20852-9787
--Fax: 800-FDA-0178
--Phone: 800-FDA-1088

Originally posted at InjuryBoard by Paul Jacquart

GM, Chrysler Bankruptcies Erase Injury Claims

Paul Jacquart — Mon, 15 Jun 2009 16:30:26 GMT

A CNN article today explains that individuals with injury claims against General Motors and Chrysler for defective products are likely to have their claims wiped away by the bankruptcies of those companies. An enormous fuss has been made by the media about the unfairness of the GM and Chrysler bankruptcies for corporate bondholders, shareholders, and other investors, but little attention has been paid to those with pending or future injury claims. Unlike investors who had the opportunity to assess the known risks of the investments they were making, people injured by defective products are truly the victims of circumstances beyond their control. It is unfair to let these companies walk away from their obligations to such claimants when tens of billions of U.S. taxpayer dollars have been handed to them.

Originally posted at InjuryBoard by Paul Jacquart