Too Many Drivers Light on Insurance Coverage, Elmira Accident Attorney Warns

A head-on collision between a Perodua Kancil a...

There’s no arguing – or changing – the fact that accidents happen. Add to life’s essential element of chance the fact that people take risks when driving: Going over the speed limit, falling asleep, talking on cell phones, pushing through lights and passing on curves… The list of violations goes on. You see or on the road or hear about it on the news almost every day.

The truth is you can’t entirely protect yourself from a car accident – short of becoming a hermit on a deserted island – because you can’t control all the factors of the environment. There are two things you can do, however: Drive responsibly, and have the best insurance options in case fate takes a hand.

Three types of auto insurance

No-fault: Every car in New York State is required to carry no-fault insurance to the tune of $50,000 in coverage. No-fault covers the driver and passengers for medical expenses and lost wages regardless of who was at fault in causing the accident.

Liability: Basically, liability insurance, unlike no-fault insurance, is concerned with who caused an accident. Liability insurance provides coverage to those who have been injured by the negligent driving of others.

Every car in New York State is required to carry a minimum of $25,000/$50,000 in liability coverage. Liability coverage kicks in when two criteria have been met:

  • You have been seriously injured, as defined in the insurance law. (An experienced personal injury attorney can help you determine if you meet these criteria.)
  • The other vehicle caused the accident.

Supplemental Underinsured Motorists’ coverage: The required liability limit in New York state is low -only $25,000. Maybe (I hope not!) you have an understanding of how far $25,000 goes in a hospital. It’s not enough in many cases to cover damages and injuries. SUM coverage offers additional benefits if you are hurt by a negligent driver who is only carrying minimum liability coverage.

Better SUM than sorry

You should have at least as much SUM coverage as liability coverage. Ask your insurance carrier about your SUM coverage – it’s usually only a small additional fee to beef it up.

Sad to say, but often the most dangerous drivers are the ones who carry the least amount of insurance coverage.

Control what you can – and be prepared to handle what you can’t control.

Thanks for reading, Jim

_________________________________________

James B. Reed, Esq.

Personal Injury & Malpractice Attorney

Ziff Law Firm, LLP

303 William St., Elmira, NY 14902

Tel. (607) 733-8866 Fax. (607) 732-6062

Toll Free 1-800-943-3529

mailto:jreed@zifflaw.com http://www.zifflaw.com

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Flee an Accident? Hit and Run Drivers Face Serious Penalties

A pick-up truck was totalled and a man injured in a recent car accident on Maple Avenue in Elmira. The Star-Gazetteambulance-again reported (see story below) that police are looking for an SUV that contributed to the accident but fled the scene.

It’s a terrible shame that some drivers seem to believe that they can vanish after a collision or car accident and avoid the inevitable meeting with law enforcement. Fleeing from a car accident is the absolute worst thing you can do, from both an ethical and a legal standpoint.

There’s no defense for running

It’s cowardly and illegal to leave the scene of a accident in which property was damaged. Even worse, if someone gets hurt and you bolt the scene, that person may not get the prompt medical attention they need and you could be facing VERY serious criminal penalties.

It may be human nature to have the impulse to flee, but it’s only human decency to make sure an injured person receives treatment as quickly as possible. In addition, in order to protect your legal rights, you have to take the correct steps after an accident.

Three things you MUST DO after a car accident

In the Ziff Law Firm’s Accidents and Car Crash FAQs, you can find a detailed list of what you should do and what you shouldn’t do after a car accident. Here are some points to stress:

  • DO stop your car.
  • DO aid the injured.
  • DO call the police.

And these are just the tip of the iceberg. The aftermath of an accident can involve many complicated issues. If you are involved in an accident that results in personal injuries or serious property damage, another MUST DO is to consult an experienced personal injury attorney quickly.

Thanks for reading,

Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

Police Seek SUV in Crash

Star-Gazette (Staff, 2/12/09)

The Elmira Police Department is seeking a full-sized sport utility vehicle in connection with a car accident Wednesday morning that sent an Elmira man to the hospital.

City police said Paul Montgomery, 24, was driving a 2002 GMC pickup truck north on Maple Avenue about 8:30 Wednesday morning when his truck struck a tree.

Police said the SUV, described as green or gray, was traveling south on Maple Avenue and contributed to the accident. The driver fled the scene, police said.

Montgomery was transported to Arnot Ogden Medical Center by Erway Ambulance and was being treated for a leg injury, police said.

Montgomery was in stable condition Wednesday night.

  • Anyone with information is asked to call Elmira Police Sgt. Sharon Moyer at (607) 737-5640.
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Elmira Injury Attorney Warns Second Peanut Plant Tests Positive For Salmonella!

Spreads Peanut Butter from Edge to Edge

A second peanut processing plant run by Peanut Corporation of America (PCA) has been shut down after Texas authorities discovered Salmonella in peanut products processed there. Meanwhile, Stewart Parnell, president of Peanut Corporation of America, was subpoenaed to appear before Congress and testify concerning the involvement of his family owned business in this nation-wide Salmonella outbreak that has killed eight people and and sickened 600 more across 44 states, including one suspected case in Steuben County, NY.

PCA runs three peanut processing plants, in Georgia, Texas and Virginia. The Georgia plant was shut down several weeks ago, followed by the Texas plant Monday after laboratory results showed salmonella in samples of roasted peanuts, peanut meal and granulated peanuts. Additional analysis is needed to determine if the bacteria are the same strain of salmonella involved in the outbreak linked to the Georgia plant.

Federal Investigators have now expanded their investigation of PCA to include the Georgia plant. Unbelievably, the Texas plant has been operating since 2005, totally unknown to government regulators. It was not registered with the state and had never been inspected by health officials. State and federal officials only learned about the plant after the Food and Drug Administration began their investigation into the Salmonalla outbreak.

Federal investigators say Peanut Corporation’s Georgia plant knowingly shipped products contaminated with salmonella on 12 occasions in 2007 and 2008. The company makes peanut butter for institutions such as nursing homes and schools, and processes peanut ingredients used by other food companies in products ranging from energy bars to candy to dog biscuits.

The full list of of recalled products can be found on the FDA’s website by clicking here.

Salmonella is a serious illness that can be fatal to children, the elderly, and those with a weakened immune system. It causes nausea, vomiting, fever, diarrhea and abdominal cramps.

If you think you may have contracted Salmonella from the tainted peanut products you should see your doctor and be tested for Salmonella. Testing will confirm both the fact that you have Salmonella (as opposed to some other intestinal illness) and also confirm that the strain of salmonella you have is the same strain indicated in this peanut product outbreak.

If you have a package of the recalled peanut products and believe you may have contracted Salmonella DO NOT THROW IT OUT!!! Instead, secure the package so that no one else will consume it, attempt to locate your sales receipt showing your purchase of the contaminated product and consult legal counsel immediately.

The Ziff Law Firm will be accepting salmonella cases related to this peanut product recall, as we have in previous food-borne illness cases.

Thanks for reading,

Adam M. Gee, Esq.

NY and PA Personal Injury and Malpractice Attorney
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William Street
Elmira, NY 14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

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Get Paid Fast! Accident Victims’ Right to Prompt Payment of Insurance Claims

A head-on collision between a Perodua Kancil a...

If you have been injured in an auto accident, a big question on your mind may be how quickly you will receive benefits for your claims from no-fault insurance. Few Americans have the wherewithal to carry a debt of medical costs.

How long will it take to receive benefits under no-fault insurance?

You will have your payment – or know that the insurance company is balking on paying – within 30 days. Payments of claims must be prompt, fair and made within that window of time. The insurance carrier may deny or disclaim coverage, but the insurer is required to give formal notice of the denial within 30 days.

What if my claim is disputed?

You may choose to take your claim to arbitration. Arbitration will speed up the resolution of your claim, but going into it means that any further claims you may have will also have to go into arbitration.

Arbitration may also affect whether or not you can pursue a lawsuit against the party that caused the accident.

You may choose to take your claims to court.  With a personal injury attorney’s help, you can settle or litigate the merit of your claims in court of law.

What penalty does the insurance company pay if my benefits were unfairly delayed?

If the disputed claim was resolved in your favor, the payments that are overdue to you are subject to an award of 2% interest per month.

 That’s nowhere near the interest rate on a typical credit card – so be careful about putting medical bills on a credit card account. Credit card interest on the amount will accumulate much more quickly than the penalty fee from the insurance company.

Knowledge is power

Want to know more? Check out my book, “Learn the Five Deadly Mistakes that can KILL Your Accident Case!” I offer it free to New York or Pennsylvania car accident victims. You should know that I limit my practice to the representation of injured persons only – I do NOT do any insurance defense work.

Thanks for reading, Jim

_________________________________________

James B. Reed, Esq.

Personal Injury & Malpractice Attorney

Ziff Law Firm, LLP

303 William St., Elmira, NY 14902

Tel. (607) 733-8866  Fax. (607) 732-6062

Toll Free 1-800-943-3529

mailto:jreed@zifflaw.com http://www.zifflaw.com

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Beware the “Good Cop” Insurance Adjuster

COPS title card (1997-present).It’s a cliché in crime movies: the Good Cop that acts like a best friend vs. the Bad Cop, who is mean and puts pressure on suspects. The thing is, taken together, these two extremes add up to a Smart Cop Team, because they use psychology to get cases wrapped up.

Insurance companies use the same strategies to take care of claims. What you MUST know is that the insurance company is looking to save money.

Beware the Good Cop Insurance Adjuster

Accident victims are vulnerable. It’s just that simple. They are dealing with their injuries, trying to figure out what their rights are, and desperately worried about looming bills. (If you’ve been in an accident, you should also check out our Accidents and Car Crash FAQs.)

Believe me, the insurance company knows about an accident victim’s state of mind. Many insurance companies have developed training programs to teach representatives how to convince people to sign off on their rights, thereby signing off on any and all claims they could have from the accident for all time!

The strategy is codenamed ESO or “Early Settlement Opportunity.”

Top Three skeptical statements

A Good Cop insurance adjuster may say a lot of things to develop a rapport with an accident victim. They may stress the heartfelt concern of the insurance company and the urgency they feel to settle your claim. They may even share a personal story of an accident experience!  But you should really watch out for the following three assertions:

  • 1. The Good Cop may say you don’t need your own attorney and that an attorney will only take one-third of what you recover.

The truth: Yes, the usual attorney’s fee is one third, but a national study revealed that accident victims represented by attorneys received settlements about 300% larger that people who did not have representation. That means double the settlement amount, even after an attorney’s fees are paid.

  • 2. The Good Cop says you must have suffered a “serious injury” in order to bring a claim.

The truth: Yes, it is true – but do not take their word that you have not suffered a “serious injury”! For one thing, only medical professionals are qualified to assess your health, and secondly, it may take some time for the full extent of your injuries to be known.

  • 3. The Good Cop says the insurance company won’t offer you a cent more if you hire an attorney.

The truth: That’s just totally false. At the Ziff Law Firm, we’ve had settlements time and time again that were many times larger than the original offer.

Want to know more?

I’ve written a book about accident cases and your rights, “Learn the Five Deadly Mistakes that Can Kill Your Accident Case.” It’s free to New York and Pennsylvania car accident victims, because I know the strategies the insurance companies use – and so should you.

Thanks for reading, Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866  Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com     http://www.zifflaw.com

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Three Deadly Deadlines in Filing N.Y. No-Fault Claims

My desk, while writing a paper

If you have been hurt in a car accident in New York State, it’s reasonable to expect you will be compensated by no-fault insurance.

After all, every car in New York State is required to carry $50,000 in no-fault coverage. But there are steps you must take to receive benefits under no-fault insurance.

Three deadlines you can’t miss

What does an injured party need to do to receive compensation? For a start, you must file notices and claims within a certain time period.

  • In order to have a claim handled by the no-fault insurance, a Notice of Accident must be filed with the proper no-fault carrier within 30 DAYS of the accident.
  • A health care bill requires that a Proof of Claim be filed within 45 DAYS of the treatment.
  • To receive compensation for lost salary and wages, a Proof of Claim for Work Loss Benefits must be filed with the insurer within 90 DAYS of the missed work.

Few excuses accepted

The deadlines may be extended, but ONLY if you, the injured party, can submit written proof that it was impossible to comply due to circumstances beyond your control. That is a difficult standard to meet.

Deadlines, forms, statements, etc. – there are many complications on the way to receiving what is justly due to an injury victim. An experienced personal injury attorney can help you keep track of all the steps you must take to have your claims compensated.

For more answers to your questions about auto accidents, insurance and injury claims, be sure to visit the Ziff Law Firm’s Accidents and Car Crash FAQs.

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St.,
Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

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Watch Out For What No-Fault Insurance Does NOT Cover, Elmira Attorney Advises

Photo © by Jeff Dean

You know those commercials for the Snuggie?  The “blanket with sleeves” that covers you no matter what you’re doing? No-fault insurance may seem like a Snuggie – but you should know it doesn’t always have you covered.

New York no-fault insurance provides a maximum of $50,000 to compensate people for medical expenses and lost wages arising from accidents involving the use or operation of motor vehicles.

The insurance company pays for:

  • Basic economic losses such as lost earnings
  • Necessary medical expenses
  • Other expenses ($25 per day) caused by the injury

This coverage provides people with immediate relief for injuries received in accidents. At the same time, no-fault insurance avoids forcing every injured party into litigation in order to receive compensation for damages.

Every motor vehicle in New York State is required to carry no-fault insurance. And every person in the car – or person struck by the car – a pedestrian or bicyclist for example, – may recover their losses from that car’s no-fault insurance.

If that specific car is not insured, an injured occupant may collect on their own no-fault policy – or a policy belonging to any insured relative who lives in the occupant’s household.

So, it must be difficult to find a situation no-fault doesn’t cover, right? Not quite.

The motorcycle exception

Motorcycles are not covered by no-fault insurance – at least not in the same way motor vehicles are.

Even though a motorcyclist must carry no-fault insurance coverage, it benefits people injured by the motorcycle – not the motorcyclist or passenger. (A motorcycle passenger may, however, bring a liability claim against the motorcyclist  if he or she was negligent in causing the accident.)

Deal-breakers

You can void your own no-fault coverage if you are:

  • Injured by your own intentional act.
  • Operating a vehicle while intoxicated.
  • Hurt while committing a felony or fleeing law enforcement.
  • Racing or conducting speed tests.
  • In a car known to be stolen.
  • In an accident in your own car and you don’t have no-fault coverage.
  • Are repairing, servicing or maintaining a vehicle and get injured while doing so.

The law of no-fault insurance is extremely complex, and involves many exceptions (many more than I have mentioned here) and supplements.  Don’t take this article as the last word on the subject.

If you have been involved in an auto accident, you should contact a personal injury attorney quickly - to make sure that your rights are protected and you receive just compensation.

Thanks for reading, Jim
_________________________________________
James B. Reed, Esq.
New York and Pennsylvania Accident Lawyer
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866  Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

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New York Injury Attorney: Northern Tier Crash Raises Question of Seatbelt Safety

CU, man buckling seatbelt

In the early morning of Sunday, Jan. 25, a one-car crash in Pennsylvania took the lives of two Drexel University students and injured four more. A morning update from WETM-TV (below) reported the victims’ names and the site of the Northern Tier crash.

While families and fellow Drexel students mourn, the cause of the crash is still under investigation.

One fact that has been confirmed by authorities: The four students who survived were wearing their seatbelts. Authorities have not confirmed that fact for the two students who were killed.

The cardinal rule of car safety

Until the crash is fully investigated, we won’t know if the two students who were killed weren’t wearing their seatbelts. It is reasonable to think, however, that seatbelts did play a role in saving the lives of the driver and the three passengers.

Here are some facts from The Prevention Institute’s primer on seatbelt history:

The United States fare worse in seatbelt use and traffic fatality rates when compared to Great Britain, Germany, Sweden, Australia, and Canada. Seatbelt usage exceeds 90% in several of these countries, while the U.S. is currently 75% – and even that is an all-time high.

Other countries have lower traffic fatality rates: for example, 9 out of 100,000 people in Germany and less than 6 out of 100,000 in Great Britain die in traffic crashes; in the U.S., more than 15 people out of 100,000 die in auto accidents.

Finally, according to the National Highway Traffic Safety Administration (NHTSA), seatbelts reduce a person’s chances of dying in a crash by 45%.

We may not know for some time what role this simple choice made in the Northern Tier crash. What we do know is what research and experience demonstrate: seatbelts prevent injuries and protect lives.

Thanks for reading, Jim

_________________________________________

James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

Two Killed, 4 Hurt in Northern Tier Crash

Reported by: Staci-Lyn Honda

Email: shonda@wetmtv.com

Last Update: 1/26 8:08 am

JACKSON TOWNSHIP – Pennsylvania State Police say the victims who died in the crash were passengers.

They are 21-year old John Williamson of Havertown, Pennsylvania and 22-year old Ian Alexander of Royersford, Pennsylvania.

Three other passengers in the car and the driver were taken to Geisinger Medical Center with serious injuries.

State Police say the crash happened on state route 15 south in Jackson Township around 3:30 Sunday morning.

The crash happened near liberty along the Tioga County and Lycoming County border.

State Police say this was a one car crash. But they are not releasing any more details until the investigation is done.

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New York Injury Lawyer Recommends Preventative Maintenance On Your Car This Winter

snow-car-crash

Driving a car is a big responsibility at any time of the year, but in the winter your actions or failure to act could mean the difference between life and death for you and your passengers. A big part of remaining safe on the roads in the winter time is ensuring that your vehicle is in proper working order. Preventative maintenance of key components can keep your vehicle running well through our long, cold winters. Some of the systems requiring extra attention in the winter are as follows:

Antifreeze: This is very important for winter driving, as it keeps vital fluids in your car liquid, instead of frozen, during cold winter storms. Make sure your antifreeze is fresh, and that it is filled.

Exhaust System: During the winter months, windows are closed, the air is often re-circulated, and snow or ice can shroud your car. If your exhaust system is not working properly, this could result in excess noxious fumes circulating into your car’s interior. Exhaust fumes are poisonous, and, in large enough quantities, fatal. If you smell gas or exhaust fumes in the interior of your car, have your mechanic check for leaks.

Heater: Your car’s heater could save your life in the event you become stranded. If it’s not working properly, get it fixed —and fast.

Hazard Lights: Have you ever come across a disabled car on the side of the road with no lights on? If you have, you know how unsafe this can be. If your car becomes disabled and your hazard lights aren’t working, diminished sight distances in winter time could prevent other motorists from seeing your vehicle until it is too late to avoid a collision.

Have a friend stand outside your car and check all your lights.

Oil: Regular oil changes will ensure that your engine runs well at any time of year. Check for evidence of leaks where you park your vehicle, and always check your oil level before any long tips. Some vehicles require different weight oil in the winter time. Always follow the manufacturer’s recommendations for proper weight and type of oil.

Brakes: Brakes are obviously important at any time of the year. Your brakes are the one part of your car that quite literally stands between you and death. Your brakes should never be in bad shape, and should be checked every time you rotate your tires, about every 5000 miles. Ant-lock Braking Systems get a real work out in snow and ice conditions, so immediately address any ABS warning lights on your dash.

Defroster: The simple fact is not all defrosters are created equal. Your defroster may work well, then again it may not Make sure your defrosting system is in its best possible shape and make allowances for its quirks. Some vehicles require longer warm up times in order to defrost your windows to a point where you can safely drive your vehicle. Make sure you give yourself that extra time on cold winter mornings.

Thermostat: You know that little gauge on your dashboard with the H and C and the little needle that goes between? Well, it’s really bad if it hits the H (or the “red zone” right before it), and it’s also bad if you can’t get your engine warm enough to run well. Part of this is related to your antifreeze/coolant, but another component is your thermostat, which helps regulate your engine temperature. Cars have been known to blow engines when their thermostats fail. Engines repairs or replacements are VERY expensive, so always pay attention to your temperature guage and have it checked by a mechanic if something seems awry.

Battery: Without a functioning battery, you are going nowhere. Batteries last varying lengths; the more expensive ones last longer. When a battery is installed, the date of installation should be indicated on the top of the label. If it’s not, be sure to put it on yourself when you install a new battery. Nothing is worse than being stuck in the middle of nowhere during a torrential rain or freezing snowstorm with a dead battery — that means no heater or lights, either. Find out today when your battery was installed. If it’s getting close to the end of its life, think about replacing it.

Tires: If you live in upstate New York or the northern Tier of Pennsylvania, you may want to consider snow tires for your vehicle. They offer enhanced handling and traction over even the best all season tires, and can mean the difference between staying on the road or ending up in a ditch or even the oncoming lane of traffic. Regular monitoring of your tire pressure is also important, as even the best snow tire won’t provide you with optimum performance if it is not properly inflated.

Ignition System: Does your car start right up? Or does it take forever to turn over? If it’s the latter, find out why before cold mornings add even more stress to your ignition system.

Wiper System: Summer sun beating down on wiper blades often destroys them before the first rain of fall hits the ground. They harden, split, and generally don’t clear water off like they should. Wipers, and the cleaning windshield fluid that goes along with them, are easy for anyone to replace. And they’re available at many places other than auto supply stores. Consider replacing your summer blades with winter wipers; they are designed to provide maximum performance in snow and ice conditions when conventional blades can become clogged with ice and fail to clear your windshield. Anyone who drives in the Northeast knows that you will need a healthy supply of washer fluid to keep your windshield clear, so make sure you have a supply on hand and that your washer fluid reservoir is full before any lengthy trips. Also, make sure the jets that deliver your wiper fluid are clear— they can become clogged with hardened water or dirt.

Winter Storm Bag: Every motorist should have a bag in his or her trunk that contains potentially life-saving gear. Most of this can be obtained from around the house without spending a dime — such as a blanket for each family member, matches or lighters and towels, and some nonperishable foods, such as granola bars. Some bottled water, extra socks, and gloves are useful as well. You’ll need a flashlight with extra batteries in case you’re on a dark road and need to change a tire at night. Some models allow you to use your cigarette lighter to get a tremendous amount of light — but you can’t take it with you if you need to walk somewhere — so keep the traditional kind on hand as well.

If you’re reliant upon medication to live, such as insulin, make sure you have at least three days’ supply with you. Many people every winter become stranded overnight in the snow, so hedge your bets by keeping some extra in your winter kit.

A small sack of sand not only helps keep the back of your car heavier and adhered to the road, but can provide traction when spilled on slick surfaces as well. A folding camping shovel doesn’t take up much space, but you’ll be glad to have it if stuck in mud or snow.

Of course, common sense dictates that everyone should be carrying jumper cables, all year long. Pre-packaged emergency kits are available for purchase at many auto parts stores.

Follow these tips to ensure you get to your destination, and please drive safely!

Thanks for reading,

Adam M. Gee, Esq.

NY and PA Personal Injury and Malpractice Attorney
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William Street
Elmira, NY 14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

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Nurse Consultants Make Medical Malpractice Cases Stronger

medical charts“When medical negligence, injury or illness is involved, legal nurse consultants can help lawyers prepare winning cases or save time and money when complaints cannot be medically substantiated.”

That’s a quote from a Kansas City Star article (2/3/09, Bacon), “Lawyers may benefit from nurses in medical malpractice suits.”

I agree with the statement wholeheartedly. I routinely work with several different legal nurses. In fact, in addition to the highly experienced (i.e. 20-plus years in practice) two nurses with whom we work most frequently, the Ziff Law Firm now has two nurses from the University of Rochester Legal Nurse program working as interns. These nurses help collect, organize, analyze and summarize medical records in our personal injury and medical malpractice cases.

In the same story, attorney Brad Honnold, with Goza & Honnold LLC in Leawood, KS, said: “(Legal nurses’) input is invaluable during the initial intake and screening process, and in determining whether a case has merit.”

There is no substitute for case analysis by nurses who have worked in the trenches and who know that a lot of the bad things that go on in the treatment of a patient NEVER make it in to the written chart despite medical training that requires ALL relevant medical data regarding a patient to be charted.

Reading between the lines on medical charts

The sad fact is there is a medical mantra that “if it’s not charted, it didn’t happen.” When things start to go bad for a patient, there is a very compelling tendency on the part of medical providers to hide their mistakes by failing to document their errors.

A recent Pennsylvania medical malpractice case the Ziff Law Firm handled illustrates the problem. The case involved a wrongful death action against a local hospital. In the official hospital chart there were less than five sentences by a nurse documenting her care of the patient over the 12 hours before his death.

If you just looked at the chart for this time period, you would have assumed that the care of the patient was just fine and you wouldn’t have a clue why he suddenly died.

However, at the deposition of the nurse, we learned that the chart did NOT accurately reflect the patient’s care and that there was TONS of important patient information that was NOT documented. WHY? Because this young, first-year nurse was concerned that if she charted all the inactivity of the doctors that were supposed to be caring for the patient, she would have been fired.

Plain and simple, she was covering her own butt (and the butts of the doctors who failed to respond to her calls that the patient needed immediate attention) by leaving bad information out of the chart.

It just illustrates why nurses are an important part of the litigation team. A legal nurse consultant has the expertise to spot gaps and inconsistencies in medical records. They can offer essential information at a crucial point in a successful case – before it is even filed.

Thanks for reading,

Jim
_______________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll-free 1-800-943-3529
mailto: jreed@zifflaw.com http://www.zifflaw.com

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