Social Security to Test Use of Microsoft’s HealthVault in Disability Process

Posted on August 27, 2009 by Jim Reed

The Social Security Administration released a press release today saying that they’re testing Microsoft’s HealthVault in the disability process. HealthVault is a free online service that enables people to gather, store and manage their families’ health information and share that information with their health-care providers.

: Image via CrunchBase

Michael J. Astrue, Commissioner of Social Security, was quoted as saying that “combined with other advancements in health information technology, our use of HealthVault should result in faster decisions for disability applicants.”

As I write this, I can almost hear the cries of legitimate concern that will no doubt be raised concerning the security of protected health information. However, at this time, I choose to join Mr. Astrue in hope that this partnership will result in faster decisions for disability applicants.

Thanks for reading,
Eric

___________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Social Security Disability Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14901
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

Alcohol Plus Motorcycles: A Deadly Combination.

Posted on August 26, 2009 by Adam Gee

Many thanks to Attorney Jim Carroll of Athen, PA, a good friend and confidante of the Ziff Law Firm, for bringing to everyone’s attention a sad, sad situation which occurred in Nicholson Township, Wyoming County, Pennsylvania on Monday, August 24, 2009. Jim’s blog post can be found here.

As reported by the Towanda Daily Review, this single motorcycle crash resulted in the death of Randall Maxwell and Susan Homet Monday evening when the 2006 Yamaha Road Star motorcycle operated by Maxwell failed to negotiate a right hand turn while traveling southbound on State Route 107 in Nicholson. The motorcycle left the roadway and contacted a guard rail. Both Maxwell and Homet, who was a passenger on the motorcycle, were pronounced dead at the scene.

Sadly, the story does not end there. Pennsylvania State Police report that both Maxwell and Homet were under the influence of alcohol at the time of the crash. Additionally, neither Maxwell nor Homet were wearing a helmet.

As I have written many times, motorcycles and alcohol NEVER mix. The margin for error on a motorcycle is so small that anything that blunts an operator’s senses should be avoided at all costs. I am not preaching against alcohol, but if you are going to ride, drink soda. If you are going to drink, call a cab. As we see too often, mixing alcohol and motorcycles ends in tragedies like this one.

As the story relates, neither Maxwell nor Homet was wearing a helmet at the time of the collision. In Pennsylvania, state law does not currently require bikers to wear helmets as New York does. It is unknown whether helmets would have saved their lives, but it is undoubtedly safer to ride with a helmet than without. I have handled many, many motorcycle cases, and it is a rare case where there is no damage to the helmet. The vast majority of the time, the helmet is scratched and scraped from contact with the road, or outright crushed by contact with another vehicle or other hard object. This is damage which would have been borne by the biker’s head if not protected by a helmet. Your brain is the one thing no doctor can put back together. It should be protected accordingly.

The increase in bikes on the road, spurred by increased gas prices as well as the general popularity of motorcycles, has resulted in a significant increase in the number of motorcycle accident cases I see. Unfortunately, the biking community holds a lot of misconceptions about motorcycles, and the rules that pertain to them. To combat this misinformation, I wrote a book entitled “Would You Ride Your Motorcycle Naked” which dispels many of the myths I hear about motorcycle, and informs bikers about the kinds and amounts of insurance bikers need to make sure they and their families are properly protected in the event of a crash. You can request a free copy of my book by clicking here.

Don’t be caught riding your motorcycle naked! Get my free book to find out about the most important insurance coverage you can have, and why your insurance agent won’t sell it to you!

Thanks for reading!
_______________________________
Adam M. Gee, Esq.
NY and PA Motorcycle Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY 14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

NY Accident Lawyer Answers Key Question: How Long Will My Case Take?

Posted on August 26, 2009 by Jim Reed

One of the most common questions I am asked by my clients is: HOW LONG WILL MY CASE TAKE?

That is always a tough question to answer as every case is totally different. I have had many cases settle within a few months and I had one medical malpractice case take almost 7 full years (granted, that was a case I wanted to take a long time because it involved an injured baby and we knew we would not be able to know the full outcome of her injuries until she was 4-5 years old).

Cases of multiple injuries, the value of which clearly exceed the limits of the defendant’s insurance coverage, can often be settled in months.

The majority of my cases fall in the 2+/- year range.

In most cases the entire first year is devoted to performing the initial case investigation and then waiting to see the outcome of my client’s injuries. The single most important factor in determining the ultimate value of any personal injury case is the extent to which the injured party has suffered a “permanent” injury — an injury you will live with for the rest of your life.

Doctors need time to make determination

Because “permanency” is such an important factor, I am usually reluctant to undertake any serious settlement negotiations until I have obtained a “permanency opinion” from my client’s treating doctor. A permanency opinion is simply a letter from a doctor, to the effect of “it is my opinion, within a reasonable degree of medical certainty, that my patient has suffered the following permanent injuries and limitations as a result of the collision: permanent limp, decreased range of motion in the right hip and leg, permanent surgical scar, etc.”

Most doctors are unwilling to provide a permanency opinion until their patient’s condition has “stabilized” – the patient is not getting better nor getting worse and “what you see is what you’ve got”. Most doctors use one year post-injury as the general rule of thumb for determining permanency and accordingly most of the time I am waiting until one year post-injury to request this very important permanency opinion letter.

Finding a balanced pace to proceed

Please appreciate that these are general time frames only and it is ALWAYS my goal to resolve cases as quickly as possible. As I always tell my clients: “I don’t get paid until you get paid, and with three college-bound teens, you can be sure I am not going to drag my feet on your case!”

With that said, I always caution my client’s that it can be HUGE mistake to try to rush your case because “you only get one bite at the apple” meaning that once you settle your case, it is settled ALWAYS AND FOREVER, so you better make as sure as possible that you know the full extent of your permanent limitations BEFORE you settle your case.

Finally, I also urge clients to NOT try to rush their cases because if the insurance company gets one whiff of the fact that you are eager to settle, it is the kiss of death and the insurance company will exploit your eagerness by low-balling their settlement offer in your case. This is a very common tactic that many insurance companies are using to take advantage of unrepresented people — they waive $500, $1,000, $3,000 of “quick settlement” money under a person’s nose with the hope that that person will quickly sign off on a case worth 10 times, 50 times, 100 times, more… The key is to resist the temptation of quick money to ensure that you get every penny to which you are entitled.

Sorry for this long-winded explanation but I think it is important for people to understand why taking the time to CORRECTLY pursue your case is so important. If you have any questions about this issue, feel free to let me know and I will be happy to explain further.

Thanks,
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

Online Comment Fingers Wrong Teen for YMCA Crime

Posted on August 25, 2009 by Jim Reed

An unfortunate local story points out a big problem with newspapers’ transformation into online information centers with 24/7 commentary from anyone with free time.

Journalists are compelled by the law, ethics – and job security- to supply correct information to the public – and their names are on the stories they write. The public isn’t under the same obligations, and has the anonymity of user names. Malicious, even just careless remarks can be attached to news stories, to linger on the Web indefinitely.

The local story I referred is that of a teenage employee at the Corning YMCA falsely blamed for an awful crime on a newspaper’s website – not by the newspaper or the police, but by a citizen commentator. WETM published the tale online with the title “YMCA Employee Wrongly Named” (Meagan Kolkmann, 8/13).

The teen was falsely named as the employee arrested last week for having pornographic photos of children supervised at the YMCA.

The actual 18-year-old perpetrator, also accused of sexually assaulting a 2-year-old girl he was related to, was arrested and charged (though he’s currently out on bail).

The Corning YMCA sent a letter to parents after the false online accusation. The letter stressed three key points:

The YMCA plans to review its employee screening process and supervision guidelines for the Child Watch program and the entire organization.

YMCA employees are “shocked and saddened” by the betrayal of trust by the guilty employee.

The teenager falsely named had nothing to do with the crime. J.D. Young, president of the YMCA board and the letter’s author, calls him a “dedicated employee and a great human being.”

Whoever wrongly pointed the finger at the poor kid may be facing a big lawsuit. Online, lies can spread quickly and be promulgated by people who don’t think it matters if they don’t have all the facts. A well-publicized lawsuit might make them think differently.

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
New York Accident 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

Flustered Cop Turns Taser on Syracuse Mom

Posted on August 24, 2009 by Jim Reed

You are not going to believe this video! I was alerted to it by a post on attorney Eric Turkewitz’s blog. Eric practices personal injury law in New York City, but “Minivan Mom Tasered in Syracuse” hits close to home here.

Apparently Syracuse mom Audra Harmon, a school bus driver and mother of three, was pulled over by Deputy Sean Andrews in January for talking on her cell phone. Except she wasn’t. And that’s provable with the cell phone records – so I think at that point the deputy was stuck.

Deputy Andrews changed the charge to speeding – 50 in a 45 mph zone. Harmon argued the charge (as a school bus driver, she’s likely to know and obey speed limits). She got out of the car to see the radar recording – Andrews ordered her back in the car, then decided to declare her under arrest and demanded she get out of the car. When Harmon resisted getting out again (she was frightened at that point) he forced her out and Tasered her – twice.

There is no way this cop was under any threat of harm from this mom and it’s clear that he Tased her only because she was asking him some questions he did not want to answer.

A Taser is a dangerous and potentially fatal weapon (over 200 people have been killed by Tasers). Its use should be reserved for those times when it is necessary to protect the officer or a third party. In this case it was a dangerous tool in the hands of somebody without the judgment or temperment to handle it.

You can watch what happened in the video here:

Deputy Tasers Mom In Minivan

The video is courtesy of the Syracuse Post-Standard. The newspaper’s story “Mom in minivan tasered twice in Salina traffic stop; camera captures deputy’s rough roadside arrest,” (O’Brien, 8/13) was originally printed on Aug. 13. That was also the day Harmon planned to file lawsuit against the police department over the incident, she told the Post-Standard.

I have a high degree of respect for most police officers, but sadly there are a few rotten apples who spoil the entire bushel. The Post-Standard also reported that Deputy Andrews, at first just taken off road duty, has recently been suspended without pay (“Deputy in Tasered mom case is suspended without pay” (O’Brien, 8/19)

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
New York 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

Ithaca Car-Bike Collision Puts Bicyclist in Hospital

Posted on August 21, 2009 by Jim Reed

Saving the environment shouldn’t be so risky. The Binghamton Press & Sun Bulletin reported Wednesday that a car struck a bicyclist in Ithaca – with serious consequences for the bicyclist.

The collision happened at about 6 a.m. at the intersection of North Fulton and West Buffalo streets.

The car’s driver, Juan Sanchez of Horseheads, was ticketed by Ithaca Police for operating an uninspected vehicle and for failure to use care to avoid a bicyclist.

The bicyclist is in the hospital. His injuries were so serious he had to be flown to Robert Packer Hospital in Sayre.

I’m an avid bicyclist myself and a member of the Big Horn Velo Club. Our sister club to the North in Ithaca, the Finger Lakes Cycling Club (FLCC), members were buzzing this morning about the accident and their descriptions sounded horrible. The bike was unrecognizable, one member said. Another said that he knew the victim, Greg Laurey, and that he was in bad shape, with many broken bones and a concussion. “Stable,” his announced condition, sounds better than some diagnoses, but it’s a long way from being OK.

I made the opening comment about the environment because I’ve heard from FLCC members that this rider was making his morning commute to work. The poor guy was trying to do the right thing, saving the environment by commuting by bike to work and he gets crushed by a guy recklessly driving an uninspected vehicle. Please keep him in your thoughts today and as he starts recovery.

The Press & Sun Bulletin article ended with the information that Ithaca Police are investigating the accident and are hoping to witnesses will come forward. If you were there, or know someone who was, call the Ithaca Police Department at (607) 272-9973.

My best wishes to the injured cyclist and his family.

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

Can I Sue My Kid for Crashing My Car Into My Garage?

Posted on August 21, 2009 by Jim Reed

For all of us who have teenage drivers in the house, I just read a great post by NY Insurance coverage expert Roy Mura entitled: Suing the Kid for Crashing the Car Into the Garage. I strongly urge you to read Roy’s full post but the highlights are below:

Roy was asked: Can an unemancipated child be held “legally responsible” to a parent for crashing mom’s car into the garage?

He answered: In New York, the answer is yes. In 1969, in the case of Gelbman v. Gelbman, the New York Court of Appeals abolished the intrafamily immunity doctrine and permitted a mother to sue her unemancipated minor son for injuries she had sustained in an auto accident while riding as a passenger in a car her son was driving. Gelbman remains “good law” in New York.

But then Roy went on to ask the really relevant and practical question: Is there insurance coverage for the kid crashing the car into the garage?

Roy answered by saying that there probably is coverage for damage to the garage (but not its contents) under a homeowner’s policy and “there would also be liability coverage favoring the child under a personal auto policy that provides coverage for “damages for … ‘property damage’ for which any ‘insured’ becomes legally responsible because of an auto accident.”

Roy’s parting tongue-in-cheek comment is that while you might be able to successfully sue your kid for wrecking your car and your garage, and even though there might be insurance coverage to cover it, you might face non-renewal of your insurance coverage when your policy is up for renewal. That certainly is food for thought…

Thanks for reading, Jim
______________________________

James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14901
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: jreed@zifflaw.com
Web: http://www.zifflaw.com

Please visit the New York Injury Law Blog at: http://www.NYInjuryLawBlog.com

Email me at FreeReports@zifflaw.com for two free books:
NY Car Accidents and NY Car Insurance Secrets YOU Need to Know.

The 7 No-Argument Rules for Riding ATVs

Posted on August 19, 2009 by Jim Reed

Google News Alerts sent a really disturbing news item my way recently. CBS News reported that the Yamaha Rhino all-terrain-vehicle is cause of a “legal firestorm.”

According to the Consumer Product Safety Commission, 59 people have died because of accidents on these ATVs. Yamaha has settled an unknown number of lawsuits – and there are 440 pending wrongful death or personal injury suits pending that concern the Rhino.

What’s wrong with the Rhino?

The CBS report says that plaintiffs in cases against Yamaha involving the Rhino claim it has:

An unusually narrow stance and high-ground clearance that contribute to instability.

No rear differential, making the Rhino more difficult to turn.

Seat belts that have been known to “unspool” during rollovers. (This is the one that really, really gets me. Can you imagine how much worse the results of rollover accidents could be if victims are “partially ejected” – but still tethered to vehicles by loose seat belts? It’s difficult to believe.)

I believe in getting the word out about the dangers of the Yamaha Rhino, but that’s not the total inspiration for this post. I wanted readers to benefit from my experience representing ATV accident victims in New York and Pennsylvania. I probably wouldn’t have handled as many personal injury cases if ATV drivers just followed the following seven simple, but essential, rules for ATV safety.

ATV Common-sense Rules

Only permit experienced drivers to operate the ATV.
Wear a helmet.
Ride in safe areas.
Follow all applicable laws.
Turn on the headlight and make sure all safety lights are working before operating the ATV.
Never operate an ATV if you have been drinking or are under the influence of any drugs or medication.
USE COMMON SENSE.

That’s it. I hope you’ll read, heed and share this advice.

Finger Lakes Tops List of “World’s Best Lakeside Retreats”

Posted on August 17, 2009 by Jim Reed

It almost doesn’t seem fair to the competition – here in the Finger Lakes area, we have 11 pristine bodies of water surrounded by quaint communities, wineries, museums and fantastic restaurants. No wonder The Weather Channel recently named the Finger Lakes region the No. 1 Lakeside Retreat in THE WORLD.

Yes, our area beat out Lake Como in Italy, England’s Lake District — even Lake Kawaguchi, at the foot of Japan’s Mt. Fuji!

I recently blogged about Watkins Glen‘s being chosen by Yahoo Travel as the No. 2 Lake Town in America (see “Watkins Glen makes ‘Best Lake Towns’ List” here on the NY Injury Law Blog). It’s nice to see our area get well-deserved INTERNATIONAL acclaim!

This distinction from the Weather Channel is just further proof that we are lucky enough to live and work in a place most of the world would love to visit. The Ziff Law Firm handles cases throughout the Finger Lakes region and south into Pennsylvania – in villages, towns and cities on or between the lakes: Hammondsport, Corning, Watkins Glen, Montour Falls, Burdett, Hector, Lodi, Odessa, Penn Yan, Dundee, Ithaca, Geneva, Cortland, Syracuse, Rochester and of course, our home base of Elmira. We are the local firm with “big city” results in accident, personal injury, medical malpractice, dog bite cases and more.

I’m not surprised the Finger Lakes were chosen as the No. 1 Lakeside Retreat, but from time to time, people need a reminder that local equals world-class.

The rest of the best

The Weather Channel specifically recommended Seneca Lake as the largest Finger Lake (some top communities along the lake are Watkins Glen, which just hosted the major NASCAR race, Canandaigua and beautiful Geneva) and Keuka Lake for its Y-shape (more lakefront and incredible views!).

I wanted to mention the rest of the 11 Finger Lakes: Cayuga Lake (with Ithaca at the southern end, home to Cornell University which draws international culture and cuisine to the area), Otisco Lake, Skaneateles Lake, Owasco Lake, Canandaigua Lake, Honeoye Lake, Canadice Lake, Hemlock Lake and Conesus Lake.

If you haven’t visited them all, what are you waiting for? There is still plenty of summer left in 2009, and the best lakes in the world to discover – just down the road.

Newspaper Investigation Exposes Extent of Medical Mistakes

Posted on August 14, 2009 by Jim Reed

I subscribe to the American Association for Justice News Brief, a daily e-summary of news on issues of interest to trial lawyers. A recent edition contained a summary of a Hearst Newspapers investigation that made some shocking (or not so shocking, if you have been reading the NY Injury Law Blog) revelations about medical errors and cover-ups in the United States.

“Dead by Mistake”

The Hearst Newspapers’ investigative reports come under the umbrella title of “Dead by Mistake.” The lead article reported the sobering statistic that an estimated 98,000 people a year in the United States die because of preventable medical errors.

Almost 100,000 people a year – more than three times the population of Elmira – die each year because of MISTAKES. The Hearst reports go on to say that “federal analysts believe the rate of medical error is actually increasing.”

Close to home

Five states were specifically mentioned in the Hearst reports — California, Texas, Washington, Connecticut and NEW YORK. In these states, only only 20 percent of hospitals were participating in two recent national safety campaigns to cut down on medical errors.

CBS News also reported on the Hearst “Dead by Mistake” series – in a CBS Morning Show segment, they outlined these three tips for patients:

Remind surgical personnel about the side and site of any surgery.

Ask about the effects of every single medication you are given in the hospital, be aware of sound-alike drug names and keep reminding nurses and doctors about any drug allergies.

A surgeon featured in the segment said he makes sure to speak to patients in the operating room before they are sedated, to reduce the risk of mistaken identity, the wrong procedure or operating on the wrong side.

Hospitals, states “fail to take steps”

The newspaper chain’s investigative reporting led to their conclusion that too many medical errors are owing to failures by the medical community, the federal government and state government. A 2000 federal report, “To Err Is Human: Building a Safer Health System” outlined the ways to cut down on medical errors – but the medical community doesn’t seem to be learning from its mistakes, even when they are deadly.

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
New York and Pennsylvania 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

Sad But True: Hospitals Hide Medical Mistakes (zifflaw.com)
Medical Liability System Needs a Dose of the Truth (zifflaw.com)
This Doctor Wouldn’t Help Hospital Hide Cause of Woman’s Death (zifflaw.com)