Lawsuit Finance Blog

If you have not retained an attorney to handle your case, Lawsuit Financial can assist you in finding the best attorney available in all 50 states. Attorney Ads are everywhere; your friends have a great attorney to refer you to, but how do you really know? A referral from a company with national legal contacts in all fields of practice makes more sense, doesn’t it? Lawsuit Financial will review your case for free and we will find you the best attorney in your city or state to handle your type of case, period! We have strong relationships with the best attorneys in the country.

Our 24 Hour Legal Referral Service is Absolutely Free! Within 24 hours, we will have at least one, most likely three top notch attorneys for you to choose from and, get this, it won’t cost you a dime! Our legal referral service is absolutely free!

We can assist you with all types of cases, including:

All Personal Injury, including:

•Automobile/Truck Crashes

•Construction/Industrial Accidents

•All Personal Injury Cases

•Workers' Compensation

•Wrongful Death

•Medical Malpractice

•Nursing Home Neglect or Abuse

•Premises Liability/Slip & Fall

•Traumatic Brain Injury/Closed Head

•Burns

•Products Liability/Toxic Tort

•Airplane/Railroad Crashes

•Maritime

And All Business and Commercial, including:

•Contract Breach/Construction Disputes

•Patent, Copyright and Trademark Infringement

•Tortious Interference

•Fraud /Shareholders Lawsuits

•Real Estate

•Bankruptcy

•Antitrust Litigation

As well as other types of cases:

•Divorce

•Probate, Estate and Inheritance

Do You Need an Attorney to Handle Your Case? Of course you do! Plaintiffs represented by counsel will, absolutely, get more money in their lawsuit, especially in accident cases. Here’s why:

•Insurance companies have money, power and time; you have none of those things. A great attorney evens the odds and balances the power.

•An attorney knows how to assemble a case, compile evidence, find witnesses. He knows all the players and all the judges. This knowledge is essential to your success.

•An attorney knows how the game is played and all the rules. He will not be lied to; he will not be intimidated. He will not allow an insurance company to take advantage of you which can often happen to those who represent themselves.

•An attorney will get the highest possible award.

•An attorney will recommend medical providers sympathetic to your cause, clinics who can assist you in completing insurance forms and getting insurance companies to pay them, or finding you doctors who will wait until a settlement for payment of medical bills.

So, if you are not yet represented by an attorney, take advantage of our considerable experience in locating the finest attorneys, anywhere in the United States. Call Lawsuit Financial, toll free, at 1-877-377-SUIT (7848) or visit the referral page of our website, today. Or, here is a contact form for you to submit the requested information.

A woman in South Carolina won a $2 million dental malpractice verdict after a dentist mistakenly pulled 13 teeth. In 2006, 28 year old Elizabeth Smith went to the Sexton Dental Clinic to have three teeth pulled; a clinic dentist pulled all 16 of her upper teeth. Restorative surgery, which plaintiff plans to have as soon as possible, will cost about $80,000.

The number of dental malpractice claims are relatively consistent; many people are not aware they can pursue a dentist for dental malpractice in court, or that dentists are liable for improper treatment. Here are some examples of negligence that could lead to the filing of a dental malpractice suit:

Nerve injuries that affect a patient’s ability to taste

Nerve injuries causing permanent numbness in the tongue (or partial tongue numbness)

Negligently completed crowns and bridges and/or complications arising therefrom

Failure to take a patient’s relevant medical history into account before commencing treatment

Failure to diagnose or detect oral cancer, periodontal disease, or other diseases

Complications from anesthesia

Unnecessary extractions

Extraction of incorrect teeth

Lawsuit Financial may provide legal funding in dental malpractice cases and all other types medical malpractice cases. The nation's number one legal finance company also provides auto accident lawsuit funding, premises liability (slip & fall) lawsuit funding, construction accident lawsuit funding, maritime accident lawsuit funding, airplane crash lawsuit funding, train crash lawsuit funding, dog bite lawsuit funding, wrongful death lawsuit funding, or any other type of personal injury lawsuit funding.

Lawsuit Financial has one of the nations largest networks of attorneys available for referral. If you need a referral to a legal specialist in any legal field, call us today, at 1-877-377-SUIT (7848) and talk to one of our legal referral specialists. Or, visit the referral page of our website. If you believe that you are a victim of dental malpractice or dental care neglect it is important to discuss your case and your rights with an experienced dental malpractice attorney.

An important public safety issue that is frequently ignored, is the background required to be and training required of a private security force. We might be dealing with a private security force, guard service or individual security guard, or, in the entertainment field, we might be dealing with a "bouncer" or crowd control security force. While these security forces are charged with responsibility for public safety, similar to public police officers, they may lack the training and expertise provided to public police officers. Thus, their individual reactions to various incidents they may encounter may vary, based their age, training, background, experience, intelligence, approach, temperament, and other similar common sense factors. They are not necessarily taught/trained to exercise the judgment and restraint that might be part of a public law enforcement education or training program.

A Fresno County jury on August 20, 2009, awarded $535,000 in damages to a poker player who said that casino security guards cuffed him and lifted his arms behind his back, which caused him to suffer a left torn rotator cuff. Reportedly, the incident happened following his argument with a dealer. The injury has required three surgeries and may require additional surgery, as well.

After deliberating for two days, seven hours total, the jury awarded plaintiff, Nshan Minasian, $400,000 for medical bills and $135,000 for pain and suffering. Attorneys for the casino argued that the guards acted appropriately and that Minasian was primarily responsible for the escalation of the incident. They plan to ask the judge for a reduction in the award.

I do not pass judgment on the conduct of this particular security force in this particular case; although the jury's verdict does tend to indicate that its members did not buy the casino's argument that the plaintiff escalated the violence. The verdict suggests that the guards crossed the line, creating casino liability. There are important safety issues raised by verdicts and cases like this: What was the experience level of the security force? What training did they have? Did they undergo a formal training program? What rules and regulations for handling a 'troublemaker' existed and were posted? What prompted them to use the level of force that was used? How much of a threat did the plaintiff pose to them or to the public? How much restraint did they show? What would a trained police officer have done in the same or similar circumstance?

Lawsuit Financial provides strategic legal funding to victims of private security negligence and other types of personal injury litigation. This pro-justice lawsuit financing company exists to provide lawsuit funding as a strategic tool to prevent a plaintiff's immediate financial need turn into an inadequate financial resolution of his case. Our lawsuit finance programs attempt to assist all personal injury plaintiffs to financially survive their lawsuits, help pay their case-related or regular payment obligations, and prevent them from settling early and inexpensively. This strategy should result in increased case proceeds for clients, higher fees for attorneys, and the appropriate result for their cases. The pre-settlement funding could pay for itself out of additional case proceeds that funding makes possible. For further information on this unique legal finance program, please visit our website or call us, toll free, at 1-877-377-SUIT (7848).

The recent tragic crash in Garden City, New York, where a wrong way driver caused the deaths of 8 people caused me to do a national "mini investigation" into wrong-way driving for the month of August (although I have included one for July 31). Here they are:

July 31, 2009, Dallas Texas: Wrong-way collision on I-20 in the westbound lanes along a divided highway near Polk Street in the Red Bird area. Alcohol consumption is a possible factor. Three people reported killed.

August 2009, Tuscon, AZ: Wrong-way crash on I-10 killed 17-year-old driver.

August 2009: Brownsville, Texas: On Highway 71, a southbound driver in the northbound lanes caused injury to 10 people injured.

August 2009: Stratford, South Carolina: South Carolina man drove the wrong-way on I-95 narrowly escaping a head-on collision with a semi-truck. Alcohol suspected.

August 3, 2009: Providence, Rhode Island: 50-year-old male wrong-way driver on I-95 caused three crashes; police allege alcohol was involved. Two people were hospitalized.

August 3, 2009: Chicago, Illinois: Wrong-way collision on 1-55 (Stevenson Expressway) south of downtown, in the northbound lanes, near Halsted Street in the Bridgeport neighborhood. A 2003 Audi, going the wrong way, struck a 1993 Toyota head-on, killing a 38-year-old female passenger in the Toyota.

August 4, 2009: Libertyville, IL: Two-car crash caused by wrong-way driver on Route 176. Driver charged with with improper lane usage, driving in the wrong lane, driving on a suspended license and no insurance.

August 5, 2009: Louisville, KY: I-65 south of Outer Loop. Wrong way driver heading south in the northbound lanes, speeding, "running 90 or better.” No one reported killed

August 5, 2009: Fremont, California: Wrong-way driver on I-880 trying to avoid arrest; he did so, successfully, driving southbound in the northbound lanes.

August 7, 2009: Colorado Springs, Colorado: Head-on collision in the eastbound lanes of westbound U.S. 24. Man drove wrong way and was arrested for DUI.

August 9, 2009: Tarrytown, NY: Elderly woman drove wrong-way entering off-ramp at Exit 9, driving north in the southbound lanes of the Tappan Zee Bridge. Reports suggest that she also drove the wrong way through the tolls! Reverse the charges?

August 9, 2009: Charlotte, North Carolina: Wrong-way collision on 1-85. Young wrong-way driver later charged with DWI.

August 9, 2009: Fountain Valley, Orange County, California: Wrong-way collision caused by drunk driver trying to elude police.

August 9, 2009: Southfield, Michigan (my neck of the woods- Suburb just north of Detroit): Drunk driver drove westbound in the eastbound lanes of Eight Mile Road (made famous by the Eminem movie of the same name). No collision; police able to stop and arrest the driver before any damage was done.

August 10, 2009: Wappinger, New York: Four injured in three car head-on collision on Route 9. Wrong way driver lost consciousness and drifted across the divider. More of a "cross the center-line" accident than a "wrong-way driving". No report of drinking.

August 10, 2009: Hanover Township, Pennsylvania: 23 year old motorcyclist died when teenage driver drove west in the eastbound lanes of Route 30. Improper passing (and, perhaps, youthful inexperience) was the cause of the tragedy.

August 11, 2009: Barnes County, North Dakota: Wrong-way crash on 1-94. Elderly man drove westbound in the eastbound lanes of travel, striking female driver. "Confusion" was alleged as the cause.

August 12, 2009: Little Chute, Wisconsin: Middle aged man was driving south in the northbound lanes of 441 crashed into two northbound vehicles. No reported of fatalities; driver cited for driving under the influence of drugs.

August 13, 2009: Marlborough, Massachusetts: Police chase stolen truck resulting in truck driving wrong-way on I-495.

August 14, 2009: Toledo, Ohio: Wrong-way collision on I-280. Diabetic condition apparently caused confusion, similar to alcohol intoxication for elderly female driver. No deaths or life threatening injuries reported.

August 14, 2009: Greenville County, SC: 88-year-old driving Ford Ranger north on I-385 south struck oncoming Chevy Tahoe, head-on. Injuries, but no deaths, reported.

August 15, 2009: Queen Creek, Arizona: Wrong-way driver struck bicyclist at Ocotillo Road near 228th Street. Driver of at-fault vehicle driving westbound in the eastbound lanes. Alcohol a factor?

August 17, 2009: Garrett, Indiana: Wrong-way driver lost control of vehicle, drove south in the northbound lanes of I-69, crossed the median and struck a pole. Again, more of a "cross the center line" type of accident than a "wrong-way" collision.

August 17, 2009: Denver, Colorado: Wrong-way vehicle going opposite way on one-way street struck a moped driver. Police seeking information on female driver and female passenger. Call Crime Stoppers, anonymously at 720-913-STOP (7867); you may be eligible for a cash reward.

August 17, 2009: Hazlet, New Jersey: Wrong-way collision on Garden State Parkway, northbound in southbound lanes, resulting in minor injuries.

August 18, 2009: Denver, Colorado: Wrong way driver killed in 10-car pileup on I-25.

I count 26 wrong-way auto accidents in late July, early August. Lawsuit Financial is concerned about the safety issues confronting all innocent drivers in these situations. If you or someone you love has been involved in a wrong-way auto accident, or suffered a serious injury in any other type of auto accident or other injury related accident caused by the negligence of another, Lawsuit Financial can provide assistance two different ways:

1. If you do not have an attorney, Lawsuit Financial has a network of attorneys all over the country waiting to assist you. You do not need to search the web or the yellow pages. You need only to call Lawsuit Financial, toll free, at 1-877-377-SUIT (7848) and we will provide you with the legal specialist in your area and for your type of injury litigation.

2. If your accidental injuries cause long or short term disability or income loss and you are upside down, financially, Lawsuit Financial will provide lawsuit funding against your personal injury lawsuit. Lawsuit financing is available across the country. We provide auto accident lawsuit funding, premises liability (slip & fall) lawsuit funding, medical malpractice lawsuit funding, construction accident lawsuit funding, maritime accident lawsuit funding, airplane crash lawsuit funding, train crash lawsuit funding, dog bite lawsuit funding, wrongful death lawsuit funding, or any other type of personal injury lawsuit funding.

One toll free number is all you need to remember. One call to 1-877-377-SUIT and Lawsuit Financial will provide you with the best legal representation in your area and the most experienced and compassionate legal finance services available. Please, be careful out there; as you can see from this report, wrong-way, careless, even drunk drivers may be just around the corner.

Lawsuit Financial Corporation, a leading national litigation funding company, is proud to announce that, in partnership with trial lawyers around the country, with InjuryBoard, a consumer safety community, and through its charitable arm, the InjuryBoard Foundation, Lawsuit Financial will be donating a Nintendo Wii Gaming System on August 17, 2009 to St. Jude’s Hospital in Memphis, TN in memory of Justin Rochkind, the nephew of Mark Bello, owner and founder of Lawsuit Financial. Bello chose St. Jude’s hospital because he says, “Despite their generosity and gallant efforts my nephew succumbed to cancer at the age of 18 and I would like to give back to them and do my part to help others. Justin loved music, magic, family and life. He and his family were very grateful to St. Jude’s for all it did and tried to do. This gift is the least I can do, on behalf of my family, to honor Justin and to thank the hospital and its fine staff.”

Due to the efforts of InjuryBoard, the first three Mondays in August, 53 law firms and companies from 25 states will band together to donate more than 60 Nintendo Wii Gaming Systems to medical facilities across the country. With more than half its membership participating, InjuryBoard hopes the event will inspire attorneys everywhere to give back to their communities.

The Wii was selected because of a new rehabilitation treatment technique known as “Wiihab.”[1] Wiihab makes use of the gaming system’s unique, live motion play to offer patients a fun and less painful exercise medium. The InjuryBoard firms, all of whom represent victims of serious accidents, hope that their donations will ease the recovery of those in need and will help patients find enjoyment in an otherwise painful and difficult process. InjuryBoard member, local attorney and business owner Mark Bello explains, “Our goal in this time of economic recession is to reach out to facilities like St. Jude’s Hospital to help them provide the care that budget realities might otherwise prevent.”

“Our members are some of the kindest, most genuine people I know,” stated InjuryBoard founder and Tampa, FL attorney Tom Young. “These are folks who shunned big law firms, prestige and easy money in favor of helping their communities. I am constantly humbled by the commitment our members have to helping injured people. Our hope with events like this is that we can do some good for injured people, from victims of auto accidents to defective products, by helping them get back on their feet. This Wii giveaway is a natural extension of the work our member firms do every day.”

The giveaway is sponsored by the InjuryBoard Foundation, a nonprofit organization that acts as the charitable arm of InjuryBoard.com. The purpose of the InjuryBoard Foundation is to help individuals and communities live safer, happier lives through increased awareness and community outreach. Young says that the incredible success and broad participation in this Wii giveaway has inspired InjuryBoard to organize these events on a regular basis. “We plan on utilizing the foundation to help as many people as we can. This is just the beginning," Young adds. "We’re planning child safety seat drives, bicycle helmet giveaways and anything else we can think of to get people the help they need and make our communities safer."

Lawsuit Financial celebrates 10 years as the leading specialist in providing solid litigation investment returns while delivering lawsuit funding to cash-strapped plaintiffs, allowing them to focus on their pending case – not on their financial responsibilities. Lawsuit Financial will provide necessities of life legal funding for many types of litigation including auto accidents, premises liability/slip & fall, medical malpractice, personal injury, product liability, wrongful death, and employment suits, among others. Because of our significant expertise, we can fund cases that others can’t or won’t. Lawsuit Financial may also fund litigation costs, structured settlements, expert witness fees, and pending attorney fees. Lawsuit Financial can also be reached at 1-877-377-SUIT (7848)

Developing drugs to alleviate or cure certain conditions is a tricky business. The human body is both complex and delicate, requiring that whatever may be synthetically produced and introduced to the body be done with extreme care and caution. A series of recent lawsuits (around 900 total) are claiming that Fosamax, an osteoporosis drug produced by Merck & Co., causes the death of jawbone tissue, which has led to jaw removal for several users of the drug. The first case went to trial today, August 11th.

The plaintiff argues that Merck failed in their duty to provide safe drugs to consumers and make potential health risks clear to consumers. Allegedly, Merck knew about the apparent connection between Fosamax and the disease as early as the mid 1990s, yet did not change the drug label to warn consumers about potential risks associated with taking their drug. According to the plaintiff's lawyer, Timothy O’Brien, "Merck had notice through adverse reports starting in 1996." And the drug company had "thousands of reports" of jawbone loss since.

There are two disturbing issues brought up by this case. If the connection between Fosamax and the death of jawbone tissue is true (which seems to be the case citing the "thousands of reports") then Merck did in fact release a drug that can cause severe harm to its users. This is itself a dire mistake, however more troubling is the company's alleged ignorance or denial of the facts concerning their drug, which if true resulted in the most gross display of negligence: Keeping the drug label unchanged while thousands of reports surfaced in a span of around 9 years (Merck changed their label in 2005, however the plaintiffs claim that again the company did not sufficiently warn consumers about the drug's risks.)

Making a mistake is bad business; however refusing to face the facts and at least warn consumers about the risks associated with one's product is a shameful display of apathy towards the well being of others. Many drugs have potential side effects, but devastatingly dangerous conditions that could result from the use of a drug have to be made clear. If Merck did in fact know about the connection between Fosamax and the death of jawbone tissue, yet did not change the drug label to clarify this issue, negligence is just scratching the surface of this company’s problems.

Lawsuit Financial supports all efforts to hold drug companies responsible for producing safe products and warning about dangerous ones. We provide responsible lawsuit funding for drug liability cases as well as other types of product liability lawsuit funding. Legal finance services can assist all types of injury victims; legal funding helps a plaintiff achieve better lawsuit results by providing interim lawsuit financial relief while his/her case winds its way through the legal system toward resolution, preventing them from settling a valuable lawsuit too early for too little. If improved results are achieved for the plaintiff, an attorney on a contingency fee will receive a corresponding benefit. Lawsuit financing is an important legal strategy for attorneys to use in appropriate situations. For a free analysis of your (or your client's) lawsuit finance situation, please call our toll free litigation funding helpline at 1-877-377-SUIT or visit us on the web at www.lawsuitfinancial.com.

The Consumer Attorneys of California may be teaming up with Robert Peck, the Washington D.C. attorney who has been successful fighting caps on constitutional grounds in various states, to challenge MICRA (Medical Injury Compensation Reform Act of 1975). KCRA 3 in California reports that a recent challenge was denied in the state court of appeals, but may be on its way to the California Supreme Court.

I have been actively blogging about these issues at this location and many others, because I am not convinced that the public is aware of the injustices made possible by these statutory restrictions on damage recoveries. Without such restrictive legislation, there are no limits to how much money you can recover when you or a loved one is maimed or killed in the operating room; you submit your case to a jury and the jury decides value. Medical bills and wages are "out of pocket" expenses and not subject to any damage 'cap'. It is 'pain and suffering' awards (and damages that punish outrageous conduct, called "punitive damages") that the pro-insurance company caps are designed to limit. Pain and suffering and/or punitive damage awards can be millions of dollars. In California and other states with these caps, the pain and suffering recoveries are limited to $250,000, a 30 year old cap figure, established by the 1975 law.

Sometimes, the circumstances of a catastrophic injury or death require an award of millions for the injured person's sustenance, but that doesn't matter to the pro-insurance group (some of your own legislators are part of this group-remember that next time you step into the voting booth); these pro-insurance, anti-consumer guys just don't want to pay it. They would rather hold onto it as "profit" and we all know that insurance companies make billions in "profits". Instead, you pay for it in public assistance. That's right, folks, PUBLIC ASSISTANCE, if victims are not appropriately compensated by the insurance company and the medical facility that took on the risk and received compensation for it, public funds will be the only means of support for the injured, disabled and survivors of those killed.

The KCRA article features the case of Stanley Stinnett a young man who died after a "series of medical mistakes" in a California hospital. His widow settled with the hospital, and the case went to trial against the doctor. The jury found in her favor, and awarded her $1.4 million in medical expenses and wages, and $6 million for pain and suffering. Under current law, she won't see $6 million; her recovery is capped at $250,000, a $5.75 windfall for the doctor and his insurance company.

There is an argument to be made that restrictive laws like MICRA result in lower insurance premiums for the medical community, which, in turn, would make health care more affordable. The fear is that "good doctors" would leave their respective states. Wouldn't punishing bad doctors with higher rates and rewarding good ones with lower rates would accomplish the same thing? Wouldn't a concerted effort by the medical community to improve transparency and reporting and limit careless medical mistakes? Why punish the victim/patient? As Chris Dolan, an attorney/member of the Consumer Attorneys of California says:

"It (capping pain and suffering at $250,000) was just a terrible thing to do to people who've been harmed and a great thing to do to the insurance companies' bottom line."

This is a question of conscience, a question of justice, a question of fairness. The caps argument reminds me of the Ronald Reagan "trickle down economics" theory that George Bush senior once called "voodoo economics". The suggestion that insurance company profits, made on the backs of the injured, maimed, disabled and deceased, will "trickle down" into the pockets of consumers and doctors is ludicrous. It is also grossly unfair to the one of the weakest segments of our society. The threat of a large medical malpractice award is a strong deterrent against that keeps us safer. If there are limited or no consequences for bad behavior, bad behavior will continue. It is really that simple.

Lawsuit Financial provides medical malpractice lawsuit funding. It is one of a very select group of legal finance companies that has the expertise to underwrite and fund medical malpractice cases. Cap or no cap, we fund cases against their prospective case value; thus, arguing for the abolishment of caps does not have any significant, direct benefit to our company. However, Lawsuit Financial is a pro-justice, pro-consumer company. As such, we will continue to stand up for justice, in as many forums as possible. Please, show your strong support for the abolishment of caps or limits on recoveries in medical malpractice cases and/or other personal injury cases. Contact your elected officials, find out where they stand on these issues, and let them know that you will not vote for someone who supports these types of injustices.

Ten years ago, a highly publicized federal report entitled “To Err Is Human”, estimated that as many as 98,000 people die, each year, from preventable medical mistakes. The report called the medical error death statistic "shocking". It issued a challenge to the U.S. hospitals, clinics and doctors to cut deaths caused by medical mistakes and neglect by one-half within five years. Ten years later, comes this national investigation by several Hearst newspapers which has determined that efforts to take steps outlined in the report to reduce deaths have fallen woefully below that which any reasonable person would consider "adequate". Further, a separate study for the Center for Disease Control and Prevention has concluded that 99,000 patients per year die from infections acquired in the hospital. Experts have concluded that most of these deaths are also preventable. Thus, there have been no definitive studies, but if one combines these two, the conclusion is that almost 200,000 U.S. patients per year die from preventable medical injuries and conditions.

Instead of cutting these incidents in half as the "To Err" report challenges, industry analysts believe that medical mistakes are increasing, not declining. The Hearst Newspaper investigation concludes that most states, the feds, and medical and hospital communities have failed or refused to take steps outlined in "To Err" that would have reduced the number of fatal mistakes. And, in states where regulations were implemented, those rules and regulations have been ignored. As a result, the Hearst article suggests that almost 2 million people have died, needlessly, since the "To Err" report and challenge was issued.

Hearst Newspapers currently serve five states: New York, California, Texas, Washington, and Connecticut. In those states, a mere 20% of the almost 1500 hospitals surveyed are participating in recently implemented national safety campaigns. The newspaper's investigation found major deficiencies in patient data, but still found that at least 16 percent of the hospitals examined had at least one death from a common, easily survivable procedure; some had more than 12. Simply implementing test-tube color-coding procedures would have saved lives, in some instances.

Instead of placing blame on individual doctors or nurses, the intent of the 1999 report was an acknowledgment that individuals make mistakes and a suggestion that hospitals could design systems that reduce them and/or their impact on patients. A nationwide medical mistake reporting network also failed to materialize because of an overt lack of cooperation from the medical community. Instead, the community spent $81 million in lobbying efforts and millions more in advertising to squash a 2000 patient safety agenda proposed by then President Bill Clinton.

The article contrasts the very public information available for other types of accidental death. Auto accidents, falls, poisoning, and firearm deaths all are subject to public reporting and yearly statistics are posted for all Americans to see. It opines that improved tracking of medical errors would result in its placement at the top of this list; "a visit to your doctor or a hospital is twice as likely to result in your death as is a drive on America's highways."

The article goes on to list key recommendations from the report and places them in the context of what action has been taken in the 10 years since the report was issued and the recommendations made. Quoting from the article:

"

• • Encouraged states to require medical error reporting. Only 20 states plus the District of Columbia have done so, and evidence shows that even in those mandatory-reporting states, hospitals report only a tiny percentage of their mistakes.

• • Said the public “has the right to be informed about unsafe conditions.” But 45 states plus the District of Columbia don't provide hospital-specific information, either because they don't allow access or because they don't collect the data.

• • Recommended the creation of a national patient safety center. The center is underfunded and has fallen far short of expectations.

• • Urged that hospitals improve the level of safety within their walls. Hundreds of hospitals responded, a few of them comprehensively pursuing safer care. Thousands did much less.

• • Advocated a voluntary system for hospitals to report and learn from errors. Five years later, Congress approved legislation for “patient safety organizations” to serve this role, then took four more years to create rules to govern them. But the new organizations are devoid of meaningful oversight and further exclude the public.

"

According to U.S. Health and human Services Secretary, Kathleen Sebelius, there has not been a "significant improvement in the level of medical errors" and hospital-based preventable infections "is getting worse". She opines that the death toll is the same as it was 10 years ago. Part of the difficulty is that death occurs behind the closed door of a clinic or hospital operating room. What really went on in there? Secrecy abounds. According to the Hearst investigation, information is changed or left off death certificates:

Medical error [in death certificates] is “often not reported,” said Robert N. Anderson, chief of the CDC's Mortality Statistics Branch.

He said doctors aren't given enough motivation to report medical errors, and because of liability, “it would cause them problems down the road, so that there is a disincentive to report it.”

With no federal reporting required, the issue is left to the states. Currently, 20 states and the District of Columbia have mandatory reporting systems. Five more are planning to implements systems. Of the 20 in place, only 5 (Washington, Massachusetts, Minnesota, Colorado and Indiana) have systems that reveal hospital names to consumers. Other states create a hodgepodge of inadequacy from low (or no) enforcement, to low (or no) project funding. New York and Texas, for instance, have no money or staff. The last reports from these two states were 2005 for New York and 2007 for Texas with no fund allocation in sight.

The article suggests that more secrecy can be expected and mistakes will continue. Any improvement will be too late for deceased patients like Richard Flagg and Stanley Stinnett.

In Flagg's case, surgeons accidentally removed the 60 year old man's healthy lung, leaving him with one diseased lung they were supposed to remove. Three years later, a tumor ruptured and he drowned in his own blood. In Stinnett' case, the 49 year old was seen in the emergency room with broken ribs from a motorcycle accident and died as the result of a series of preventable medical mistakes.

As part of the national debate over health care and insurance, President Obama and Congress need to address the issue of hospital and clinic safety. Our United States also need to stop enacting legislation (either state or federal) that places caps on medical neglect litigation; this pro-insurance, anti-consumer legislation penalizes the unfortunate patient and provides a free pass to the offending doctors/clinics/hospitals and their insurance companies. The largest deterrent to medical neglect or mistake in the threat of a lawsuit. Secrecy policies in dealing with medical errors, coupled with the powerful pro-insurance lobby have prevented any meaningful change in the situation.

Lawsuit Financial supports national legislation to improve hospital safety, increase transparency, and mandate reporting. This unique legal finance company is one of few companies with the expertise to evaluate medical, hospital or nursing home neglect cases and provide medical malpractice lawsuit funding for these difficult, hard fought cases. For a free analysis of your legal funding situation, please call us, toll free, at 877-377-SUIT (7848) or visit our website at www.lawsuitfinancial.com.

Yesterday, I wrote a blog post about the "texting while driving" trend. Today, I came across this little article in the ABA Journal. I thought it might be a good follow-up to yesterday's post.

The article indicates that drivers who talk on their cell phones while driving are as likely to be involved in an accident as someone with a .08 alcohol level (at or almost at the legal limit of a DUIL in many states). Further, it names coffee, hot soup, and tacos as the most dangerous food items. It asks the question: What is the craziest thing you've seen someone do while driving? The attached article does not provide the answer, but I got my hands on some of the "featured answers" to the ABA's question. While they are funny, perhaps unbelievable, but the activities reported are also very dangerous. Here are the top three "featured answers":

Posted by Laura: "I was on the Pennsylvania Turnpike near Philadelphia, and I saw a man playing the bagpipes while driving. It was crazy!"

Posted by David D.: "Playing the trumpet!! On my way back to Champaign, IL, two years ago, I saw a man practicing the trumpet while he was driving on 57 South. We immediately took out a camera and snapped a pic."

Posted by Tom: "I saw a driver playing the flute on GA400 in Atlanta. For a brief moment I thought perhaps he was using it to control his car. Maybe he and David D's trumpet player can start a band!"

These guys make texting while driving seem like minor activity. I don't know what laws are on the books against various means of distracted driving; Lawsuit Financial supports, as stated yesterday, a national ban on texting while driving. Hopefully, each state already has laws or will pass laws against other forms of distracted driving. In my wildest nightmare, I never thought we needed laws prohibiting the playing of musical instruments while driving; I figured that common sense would suggest that this is extremely dangerous, not only to yourself, but to others. All I can say is: be careful out there; watch out for the bagpipe guy!