It is difficult enough when parents have children in the hospital and this new statistic only compounds their fears.  The study showed that there were multiple drug treatment mistakes made with some children.  These medical mistakes can cause serious harm to patients and medical providers need to be held accountable.  Parents are justified in their concern regarding the care their child is receiving from the hospital.
 
A new method of detection was used in the study that promoted an in-depth review of the patients’ care.  Charts were analyzed to pinpoint drug-related events.  Researchers looked for signs of drug overdoses, suspicious side effects and certain lab tests.  Some hospitals are now using the same detection method to determine how many harmful drug related events occurred.  Hopefully these hospitals will be able to decrease the number of patients injured by medical errors.

Parents trust that their children are going to receive the best care possible and they rely on the expertise of doctors, nurses and other medical staff.  This study shows that too many medical errors are being made and as a result, young patients are harmed.   Some experts believe that the rate of drug treatment mistakes may be even higher as only 960 children were studied at 12 different children’s hospitals.  The study didn’t include general community hospitals where most children are treated.

The article, “1 in 15 Hospitalized Children Are Harmed By Medical Mistakes” has more information about the study.

One of the first things a potentially at fault party (usually the property owner) will do is claim the person who was injured was wearing improper shoes.  Either the shoes were worn out or were not designed to be worn in a public place (house slippers) or something like that. 

Lilly, O’Toole & Brown has usually found this to be a very weak defense, but want to caution potential claimants about its use.  If injured as a result of a slip and fall it is important to keep  those shoes to show there was nothing wrong with them.  More likely the culprit is a spill of some type, but don’t leave yourself open to a possible “bad shoe” defense.

For example, many homeowners policies do not cover mold and mildew. In a state like Florida, mold and mildew are almost ever-present within days of storm-caused damage. Indeed, mold remediation may be one of the most expensive repair issues. Yet, many policies exclude coverage for mold remediation unless it is specifically requested -- with an additional premium.

What's known as "law and ordinance" may also be excluded. Let's say your home was built in 1920. It's got old wiring and also doesn't come up to current code requirements. If your home is damaged in a hurricane, and it doesn't include "law and ordinance" coverage, the insurer only has to pay you for the value of the damaged property, which usually is not nearly enough to pay for repairs that will be REQUIRED in order to bring your home up to code. There is no grandfathering for you.

There are any number of other "loopholes" in your policy that may give your insurance company the ability to pay you far less than what it takes to restore your home after a hurricane or other storm event. At Lilly, O'Toole & Brown, we've read -- and litigated -- hundreds and hundreds of homeowners' policies, and if you have questions, about yours, we'd be happy to talk to you about yours, preferably before you have to make a claim. On the other hand, if you do have a claim, we can guide you through the legal lingo of your existing policy to see if you have a viable claim. Don't count on your insurance company's adjuster to tell you how you can use your policy to get a fair recovery. In our experience, many adjusters are more interested in pleasing their masters -- the insurance companies -- than in helping you.

Allstate has achieved this dubious honor by raising premiums, denying claims and refusing to provide insurance to those who need it most. The Association looked at documents from all over the United States, including court documents, SEC records, news accounts and also spoke to former insurance agents and adjusters.

The Association listed the worst ten offenders, but Allstate stood above the crowd. With profits of more than $4.6 BILLION in 2007, Allstate has found a way to delay and deny claims that other insurance companies can only look on in envy. As an example, in the wake of Hurricane Katrina, the Louisiana Department of Insurance received almost twice as many complaints about Allstate’s adjusting policies (1,200) as the next offender, State Farm (700).

Benjamin Williams, 43, was driving a 2006 Freightliner semi when he struck the rear of the Klingensmith’s car. Both of the Klingensmiths were airlifted to Lakeland Regional Medical Center with serious injuries.

This was a very preventable crash, as the only reason it occurred was a spilled drink and lack of attention to the road. Mr. Williams spilled his drink and became distracted. All too often the spill occurs and the person is concerned about cleaning up the spill and becomes distracted.

Lilly, O’Toole & Brown investigate crashes of this type almost daily and too often the person driving just became too distracted to drive safely. When driving any vehicle but especially multi ton semi tractors, constant vigilance is required. All too often failure to keep an eye on the road means someone is going to the emergency room.

Topping this list - Allstate.  We've blogged before about Allstate, several times, so it comes as no surprise to us that the "good hands" people made it to the top of this list.

Others on the list were:

2.   Unum

3.   AIG

4.   State Farm

5.   Conseco

6.   WellPoint

7.   Farmers

8.   UnitedHealth

9.   Torchmark

10.  Liberty Mutual

The full report is worth reading, and gives a 2-3 page synopsis of why each insurer made the list.  Unfortunately, most insurance companies put profits over people and no longer deal fairly with their policyholders.  The American Association for Justice concludes with three policy reforms that would benefit insurance purchasers:

1.  Requires that all insurers work in good faith with customers.

2.  Establish an insurance consumer advocate.

3.  Require approval for rate increases.

The people at www.saferoadmaps.org do.

This cool new site, created by researchers at the University of Minnesota's Center for Excellence in Rural Safety, can show you exactly how safe your road is.  Using GPS software, all you do is type in your address and the site will show you a map or satellite image of all the traffic fatalities in the area. 

Want to impress on your children the importance of wearing a seatbelt or not drinking and driving?  You can narrow your search by factors like age of the driver, seatbelt use, whether drinking was a factor, and whether speed played a part in the crash.

With every United States citizen facing a 1 in 100 chance of dying in a motor vehicle accident, we should take advantage of every tool available to keep us safe.

Four years ago Florida was hit by four different hurricanes in less than two months and suffered massive amounts of property damage, some of which is still being paid back.  Homeowners need to check their policy and speak with their insurance agent about their coverages. 

In the wake of the catastrophic storms of 2004 many insurance companies have scaled back coverage or eliminated it altogether.  After the storm is not the time to find out your coverage has changed, so make an appointment today.  Lilly, O’Toole & Brown handles hundreds of insurance claims a year and knows what changes in coverage can do to a claim.  Find out what your coverage is and make any necessary changes now before it is too late.

Most of their time is spent investigating car crashes which occur when drivers don’t take time to be aware. When the rain starts, even if it is just a light shower, driving conditions deteriorate very quickly. Oils that have soaked into the asphalt start to come to the surface, creating a slicker driving surface. As the rain gets worse, vision also deteriorates and actions take longer. As a result, although the speed limit sign may give a speed, this is a maximum speed with near perfect driving conditions.

As always, slow down, take the time to make sure the way is safe and assume the other drivers are not doing either one of those things. Defensive driving is a must when the rain starts coming down. Getting safely to your destination is the goal, travel wisely.

These drivers are having seizures, heart attacks, and unconscious spells while driving. Federal regulations require yearly medical examinations for anyone holding a commercial drivers license (CDL). However, a study by the Federal Motor Carrier Safety Administration, which is supposed to enforce trucking regulations, found that more and more truck drivers are not complying with the medical examination requirement or simply not reporting their problems. Many drivers are driving even though they have been declared disabled.

Back in 2001, federal safety regulators made eight recommendations to clamp down on this problem, but the FMCSA has not implemented any of them. So, until that happens, there are truck drivers who are violating federal laws, putting other drivers and themselves at risk, and operating vehicles that weigh up to 80,000 lbs.

For more information about this issue, and accounts about specific drivers, click on the headline/title of this blog.

Michael and Rosemary Grimes were injured while riding their 2005 Honda Motorcycle near Lake Alfred when struck by a 2008 Buick. The Buick pulled into their path as they were driving in the Lake Alfred area and the Grimes were unable to avoid the Buick.

A second motorcyclist was able to get to the side of the road but was thrown from his motorcycle as well. Driving a motorcycle on the streets is dangerous enough without car drivers being aware of their surroundings. Before heading onto a road it is good practice to look both ways and then look again just to make sure you don’t miss something coming down the road. Motorcyles are generally smaller and easier to miss seeing when you glance quickly.

If you're hosting your own party on the 4th, check out our article on Fireworks Safety.  According to Prevent Blindness America, some 6,400 families spent part of the 4th of July last year in a hospital emergency room.  Don't let it be you this year.

As part of our ongoing efforts to help educate the public, we've put up a new section of our website, entitled "Seven Important Hurricane Preparation Tips."  Check it out and let us know what you think.  We'd love to hear from you about tips that your family has that you think we should share with everyone else.

If you're new to Florida or haven't put together a disaster supply kit before, here's a page where you can learn some of the basics.

Check out our new article on waterborne illnesses in your public or private swimming pool.

We also thought you should be aware of a lawsuit pending up on Wisconsin.  A woman who dove into an above ground swimming pool has filed suit against a friend and his parents for not telling her that she shouldn't dive into the pool.  She claims that her hosts were negligent by:

• Failing to have proper lighting at night


• Failing to have proper warnings about the pool's depth


• Failing to provide adequate supervision


• Allowing their son to dive into the pool and set the example for others


• Failing to warn her not to dive into the pool

The plaintiff is seeking $100,000.  We'll keep you posted on developments in this case.

Finally, here are some summer water safety tips from the Red Cross.

Four men in their early 20s did just that last Friday. 

Officers on a routine patrol put on their lights in an attempt to pull over one vehicle when they noticed a nearby SUV take off.  This made the officers suspicious and they chased the SUV along County Road 450 in Umatilla, Florida.  The driver of the SUV lost control of his vehcile, hit one tree, slammed into another tree's stump, then went airborne - flipping several times and landing just 20 steps from the front door of a house.  All four passengers in the vehicle were ejected.

What made the driver so careless?  Police believe he was paranoid about the case of beer he just stole.  Officers have requested that local stores check their surveillance tapes for beer theft.

All four passengers were flown to Orlando Medical Center and are reportedly in stable condition.

So how much stolen beer do you have to have in the car to warrant a police chase?  "It wasn't that much to warrant someboddy running," said Police Chief Douglas Foster, "I don't even think it was a case." 

What a silly reason to risk your life.

Friday's public hearing will begin the FDA's effort to determine whether the warnings given to Lasik patients are appropriate.  At the heart of the issue of informed consent is how much the patient knows about the procedure they are about to undergo.  A doctor is under an obligation to give his patient enough information about the risks, side effects, and alternatives to any operation so that the patient can make an informed decision about whether the procedure is worth it.  In many cases, the benefits of the procedure will outweigh the potential harms, but the FDA wants to ensure that all Lasik patients are aware of the side effects.

In the decade or so that Lasik procedures have been performed, about 7.6 million Americans have undergone the laser vision correction.  Lasik is a quick procedure in which doctors cut a flap in the cornea, aim a laser, and zap the cornea to reshape to enhance sight. 

Dr. Solomon, of the Medical University of South Carolina, estimates that fewer than 1% of patients have severe complications that lead to poor vision.

The proposed speed limit is not being proposed for safety reasons, however, but for better fuel economy.  The ATA says that slowing speeds from 75 to 65 would offer trucks as much as 27% greater fuel economy.  The result would be to lower the price of gas and oil as the demand decreased.

The group also wants a federal requirement that all tractor-trailers be equipped with a 68 m.p.h. speed limiter.  By doing this, the agency hopes that it would bring all truckers in line and would limit competition amongst truck drivers to get their goods to the destination in quicker times by speeding. 

Whatever the reason, slowing down fully loaded semis would greatly increase the safety of drivers on the roads.

What did they do wrong?  The company didn't have a shred of evidence to back up their claim that their supplement could prevent the common cold.  Turns out the company had commissioned a single study into the effects of their drug, but the results were so poor that they wouldn't share them with anyone outside the company, says David Schardt, a senior nutritionist at the Center for Science in the Public Interest.

Schardt says the drug was a simple mix of vitamins A, C, E, magnesium, zinc, selenium, herbs, and other ingredients.  The name "Airborne" comes from the claim that the combination of those vitamins and minerals is meant to prevent infection from airborne viruses and germs. 

The settlement, which admits no wrongdoing on the part of the drug maker, offers a refund of the purchase price to anyone who can prove they bought one or more Airborne products in the United States between May 1, 2007, and November 29, 2007.  Airborne has set up a website that explains their settlement.  On the site, you can fill out a claims form to recieve your money back.

The vehicle was an older
model, dark brown Ford pickup truck with a tan stripe down its side. Police are
still searching for the vehicle and its driver.

 Earlier this year, James
Robert Tanner, 66, also confined to a wheelchair, was killed at the
intersection of Memorial Boulevard
and Stella Avenue
in Lakeland
when a hit-and-run dump truck driver struck Tanner as he crossed the
intersection. The driver of the dump truck, Thomas Eugene Simpson, later turned
himself in.

The administrative complaint is a
separate legal proceeding, in which the regulators are asking an administrative
law judge to enter a separate finding and order suspending Allstate?s
authority.

The database is a great thing.  The problem is that it takes a product so long to be recalled or appear in the database after the manufacturing company and the CPSC know about it.  The CPSC has the authority to fine companies for taking too long to report their hazardous products.  Since 2006, companies fined for this took an average of 993 days to report the potential harm of their products.

That's 2.7 years between learning of the defect and notifying the CPSC.  The only thing worse than that is that it took the CPSC an additional 7 months, on average, between being notified and telling the rest of America.

Specifically highlighted in the Public Citizen report were

• A vacuum cleaner known to catch fire
  
• Treadmills that spontaneously change the runner's pace
  
• ATVs with throttles that can get stuck in the "go" position
  
• Infant swings known to cause strangulation (and responsible for at least six infant deaths)

Public Citizen is a non-profit consumer advocacy organization that represents consumer interests in Congress.

The hurricanes of 2004 devastated tens of thousands of homeowners and their families in central Florida. But for many, the shoddy treatment and lack of professionalism shown by insurance adjusters was worse than the storms themselves. Unfortunately, far too many insurance adjusters forget that Florida law imposes ethical obligations on them when dealing with policy holders with insurance claims.

Our firm has handled hundreds of insurance claims on behalf of homeowners, and we have held insurers and their adjusters accountable for their actions.

So, what are these ethical obligations?

First and foremost, Florida law requires insurance adjusters to put the ?fair and honest treatment of the claimant? above the adjuster?s (and the insurance company?s) own interest, in every instance. In other words, when an adjuster deals with an insurance claim, he is obligated to do what is best for the claimant. Most adjusters fulfill this obligation and truly try to take care of their claimants. On the other hand, many adjusters believe their highest priority is to save the insurance company?s money, which results in claims improperly denied, or in payouts that fall far short of the damages suffered by the claimants.

Also, an adjuster is prohibited from approaching investigations and settlements in a manner that is prejudicial to the claimant. In doing so, the adjuster is obligated to make truthful and unbiased reports after a complete investigation. An adjuster must handle claims quickly and diligently, not let them drag out for months or years. (Is your jaw dropping yet?)

Another failing that we have seen in our lawsuits against insurers is that many adjusters fail in their ethical obligation to advise claimants of their rights under their policies. Insurance policies are very complex and tricky, and the average homeowner can?t make heads or tails of what?s in the policy. The adjusters, on the other hand, know the policies inside and out, and often fail to tell claimants about various benefits and coverages that may be available in some policies, but which aren?t obvious to the homeowner (e.g., debris removal, mold remediation, code upgrades). As a result, claimants can end up with far less than they are entitled to.

The bottom line: If you have an insurance claim, the adjuster is supposed to be working for you and maximizing the benefits you recover. If your adjuster is adversarial or discourages you from making certain claims, then something is wrong, and you should consult with an attorney.

In the lawsuits, which were filed in Pennsylvania in 2000 and Nevada in 2005, a former Merck employee alleged that the company provided the drugs to hospitals at a discount of greater than 90% if the hospitals would help the company reach its market-share goals.  The plaintiffs in the suit contended that this practice constituted an unfair incentive for physicians to prescribe the drugs.

Federal law mandates that drug manufacturers have to offer sales to Medicaid at a price at least as low as they offer them to any other customer.  However, because drugs sold at discounts of greater than 90% do not have to be disclosed to the government, Merck was able to get away with this scheme for years.

A second claim of the lawsuit was that Merck was paying physicians a "consulting fee" or "training fee," which were actually nothing more than illegal kickbacks for prescribing Merck products.  This practice, according to the Assistant U.S. Attorney's on the case, was in place from 1997 - 2001 at as many as 800 hospitals across the country.

In the end everyone associated with this tragic crash will either be represented by an attorney or at least have talked to one, simply to make sure they know what their rights are.  The big company trucks have already had adjusters working the crash within hours of it happening.  Those insurance companies keep attorneys on the payroll for a reason: reduce payments made for negligence caused by their drivers.  The law requires attorneys to have no contact w/ crash victims for at least 30 days so unless the victim contacts the attorney, the victim is on his/her own.  But the insurance adjusters can get out there in hours and start contacting people and taking statements.  And since most people have never been involved in any crash, much less one this horrific, they are more than happy to cooperate w/ the insurance company, not realizing this could greatly hurt them in the future.  Remember, these are the insurance companies having to swear under oath in the legislature right now and getting licenses pulled for playing hide the profits from our legislature.

Tuesday, February 05, 2008 9:35 AM Add to Calendar

For the fifth time in six years, the intersection of U.S. 17 and Havendale Blvd. in Winter Haven is the most dangerous one in Polk County, according to 2006 figures recently released.

There were 58 collisions at the intersection that year, an increase of eight from the year before. As anyone who has driven through the intersection can attest, it is large, heavily congested, and has an array of confusing traffic signals. Add to that the occasional impatient/angry driver, and it?s a wonder more accidents don?t occur there.

Whether the collision occurs there, or anywhere else, there are some important tips to remember if you are involved in a collision.

1) Make sure you and your passengers are uninjured. If you are injured, don?t move, and don?t attempt to move others who are injured unless staying in the vehicle presents a dangerous situation. Immediately seek medical care for you and your passengers.

2) Call 911.

3) If you are uninjured, assist others involved in the accident, if doing so does not expose you to unreasonable risk.

4) Do not move your vehicle unless directed to do so by law enforcement or it presents an unreasonable risk to you or others. The location of your vehicle and the other vehicles provides valuable information for the investigating officer.

5) Do not discuss what happened in the accident with anyone except the investigating officer.

6) If you have a camera ? even if it?s the one on your cell phone ? take photographs of the scene and vehicles involved. Again, though, use common sense. Don?t put yourself or anyone else in harm?s way.

7) Often, there are witnesses to accidents who are willing to help and tell their story early on, but later get cold feet. Try to get the names, addresses and phone numbers of witnesses, and provide them to the investigating officer. Encourage them to tell their story while they are at the scene.

8) Afterward, do not give a statement to anyone before contacting an attorney.

Waiting times are worse for black, hispanic, and urban patients, who can expect to wait an average of 7-9 minutes longer for treatment than white patients.  Women can also expect to wait about 5% longer than men for treatment.

Even heart-attack patients are averaging longer stays in the waiting room.  In 2004, the average wait for a heart-attack patient was 20 minutes, up from 8 minutes in 1997.

But the fact that a 20 minute wait is "average" means that half the patients were waiting for treatment longer than 20 minutes.  In fact, a quarter of all heart attack patients in 2004 waited up to 50 minutes or longer to see a doctor.  This is particularly disheartening because the likelihood of surviving a heart attack plummets as wait times increase.

The full text of the Health Affairs article can be read here.

Most Florida drivers won?t have to do anything, as PIP coverage was required in the state as little as four months ago.  However, drivers who elected to drop PIP from their coverage during its ?optional period? will notice a higher bill in their mailbox in January.

Allstate has now been told by the Insurance Commissioner in Florida that no policies will be written in this state by Allstate until they fully comply with the state subpoena and provide all the documents.  Allstate is dealing with this same issue in Missouri where they are racking up $25,000 PER DAY fines.  They refuse to provide the documents, refuse to pay the fine and I assume just consider the fine a cost of doing business.  They will probably react differently in Florida and will probably file an injunction against the state.  Stay tuned to this one, it is not going away anytime soon.

Allstate is being called onto the carpet because they think they can treat the insurance commissioner the way they treat their insureds or people who sue their insured. Allstate believes (usually rightly so) that they have the money and the time and the resources necessary to outlast any private attorney who takes them on. I believe they are attempting to use the same tactics with the State of Florida. The difference is if I sue them and get a nice verdict for a client then they simply pay that out of reserves, not a huge deal. But you can't fight city hall. The insurance commissioner just wielded his power and is going to cost them millions. It will be interesting to see if Allstate ever provides those documents they claim are "irrelevant".

The State of Florida has suspended Allstate?s license after the insurer refused to hand over documents subpoenaed by state insurance regulators. The documents had been requested after Allstate requested rate increases as high as 41%.

The suspension follows a heated hearing earlier this week between Allstate and the regulators. What was supposed to be a two-day hearing before Florida insurance regulators questioning Allstate's baffling request for double-digit premium rate increases ended after just two hours when it became clear that Allstate was withholding documents requested by the regulators.

Angry regulators accused stonewalling and had threatened sanctions, including the suspension of Allstate's licenses to operate four of its Florida companies, in light of Allstate's willful refusal to turn over the requested documents. Regulators grilled Allstate's representatives and lawyers but received mostly evasive, empty answers when trying to ferret out Allstate's relationships with insurance-rating and risk-monitoring companies and insurance trade associations.

Allstate has requested rate hikes as high and 41.9%, but when regulators subpoenaed the documents supporting such an enormous increase, Allstate responded with a 51-page objection, claiming that the requested documents were "irrelevant."

In light of the regulators' reactions, Allstate now says it intends to drop its requested rate increase.

That speaks volumes about what Allstate is trying to hide. It would rather give up tens of millions of dollars (or more) in additional rates, rather than divulge its internal documents.

Allstate's situation highlights what the plaintiffs' bar has warned about for years. Insurance companies are all about profits, and not about customers. After complaining about their supposedly desperate financial situation following the 2004-2006 hurricane seasons, the insurers and their lobbyists convinced a special session of the Florida Legislature to enact new insurance laws designed to give relief to insurers.

In exchange, the insurers were supposed to pass on the savings to consumers through significantly lower homeowners' premiums. Instead, most insurers lowered their rates very little or not at all, and some, including Allstate, have asked for more money. As a result of the insurers' broken promises, Florida Gov. Charlie Crist is exploring a class action lawsuit against insurers to force them to abide by the law.

In an unprecedented move the State of Florida has suspended Allstate Insurance Company and two of its subsidiaries from issuing new policies in automobile insurance.  Apparently the ?Good Hands People?  aren?t willing to provide the insurance commissioner with a reasonable explanation for a rate increase request of up to 42% on homeowner policies when there has been no major hurricane event in the state for the past two years.  Governor Crist has made it clear that insurance rates are too high in Florida , hopefully this will help these companies understand they can?t take consumers for granted.  As a result of the Insurance Commissioner?s request for more information on why the rate request is so high, apparently Allstate has decided to either lower their rate request or withdraw it completely.

Almost 20 hours before the deadly I-4 pileup that killed five and injured dozens, the Florida Highway Patrol and the Florida Department of Transportation had been warned of dangerous conditions of fog and smoke, yet the state agencies took virtually no action to avert the disaster.

The day before the accident, the National Weather Service issued a fog alert that placed the risk at 10 on a scale of 1 to 10 for the area where the accident occurred. Just hours later, the Division of Forestry warned FHP that an out-of-control wildfire would create dangerous conditions for motorists. Despite these combined warnings, nothing was done, other than DOT placing one small warning sign in either direction.

Warnings of these types, particularly the smoke warning, are not often given, and combined, they should have raised red flags to the state agencies that could have taken action to avoid this tragedy. Since the accident has occurred, the interstate has been closed on two pre-dawn mornings. Unfortunately, it's too little too late.

Florida Gov. Charlie Crist is investigating a possible class action suit against property insurers for