Category Archives: Legal

440,000 die every year by preventable medical errors

New research has confirmed that 440,000 patients are killed every year in America by preventable medical errors. That is equivalent to almost the entire population of Atlanta, Ga., dying each year. Preventable medical errors are the third leading cause of death in the United States and cost our country tens of billions of dollars a year.

Take Justice Back is devoting the month of May to raising public awareness of the patient safety epidemic plaguing our country. On www.takejusticeback.com and through social media, we will be highlighting stories of patients who have been injured by preventable medical errors, sharing facts on patient safety, and keeping you up to speed with the latest news on this issue.

Despite this serious epidemic, corporate front groups are working hard in the U.S. Congress and state legislatures throughout the country to limit accountability and access to the civil justice system when patients are harmed or killed by medical errors.

Here’s how you can help us restore accountability. Do you have a story of a patient who has been harmed or killed by a medical error? If so, share their story with us today and help us take justice back!

Thanks for all you do.

–    The Take Justice Back Team

777 6th Street NW, Suite 200 | Washington, DC 20001 | 202-965-3500

Assisted Living Not Always Safe

To see this in a browser click here.

Taking Care of Mom and Dad

Advertising for assisted living paints a glorious picture for seniors: “Enjoy your golden years in bright, polished, independent communities while licensed medical professionals monitor your every need.”

Reality can be a different story. As the baby boomer generation ages, assisted living has become a big business – and for too many residents and their families, a big problem. Uneven regulation has created a dangerous situation where some facilities are not properly equipped or staffed to care for an increasingly ill population. Before you check in your loved one, you should know how to find quality assisted living.

Start Your Search Here. >>>

BY THE NUMBERS /
750,000
Residents
There are 750,000 Americans living in assisted-living facilities. And as baby boomers age, that number is expected to grow.

Source: A Starter Guide for Assisted Living, Next Avenue

$3,450
Per Month
The average cost for a private, one-bedroom apartment in an assisted-living residence averaged $3,450 per month in 2013 – nearly 5 percent more than in 2012.

Source: 2013 Cost of Care Survey, Genworth

16
Years Old
The minimum age for assisted-living caregivers in some states is just 16. Facility administrators aren’t required to have a high school diploma in 14 states.

Source: Elderly, At Risk and Haphazardly Protected, ProPublica

BOOKMARK FAVORITES /

Resources for Residents, Families, Caregivers

Search for quality assisted living in your community with links and resources from the Administration for Community Living.

ProPublica and PBS Frontline Fight for Rights of Seniors

ProPublica and PBS “Frontline” have teamed up to investigate and highlight the loose regulations and increased risks to seniors in assisted living.

Service Rates Assisted-Living Facilities in All 50 States

Personalized help finding the right assisted-living facility is available through Caring.com. Compare costs, learn about ratings and read reviews of different facilities in your state.

Parent night 3/18 – social host liability & student survey results

MCAP Logo_1C_300March 18th date set for Social Host Liability,
Student Health Survey event for Parents
 Parents grades 4 to 12 asked to attend
7 pm Medfield High School Auditorium

The respected “Be a Parent, Not a Pal,” social host/parental liability seminar is being paired with a presentation on the results of the most recent  MetroWest Adolescent Health Survey in an event starting at 7 p.m. March 18 in the High School auditorium. Medfield Cares About Prevention, MCAP, the event sponsor, is urging all parents of children ages 10-20 to attend.

The health survey measured a broad range of wellness, mental health, substance use and other behavioral topics for students across the region. 1,450 Medfield public school students currently in grades 7-12 completed the survey and key findings from those results are broken out for the March presentation.

The social host liability portion will feature Jay Campbell, presenting the multi-media program for parents called “Be a Parent, Not a Pal,” explaining the Massachusetts Social Host Law. The program explores the legal implications and potentially devastating physical and financial consequences of allowing those under the age of 21 to possess alcoholic beverages or drink in your home. The presentation features past examples of those hurt in underage drinking incidents as well as of hosts prosecuted under the Social Host Law – examples of what has happened to good kids and well-intentioned parents who made bad decisions.

While the vast majority of students reported feeling safe in Medfield schools and having adults in their lives they can talk to about important things, many reported feelings of sadness and great stress. Too many reported attempting to manage feelings of hopelessness or anxiety in harmful ways. Bullying continues to be an issue, with one-in-four reporting being bullied within the previous 12 months, despite efforts by the schools to address bullying at all levels.

Although the majority of students indicated they had not used alcohol or marijuana in

the 30 days prior to the survey, there was a concerning level of high-risk, binge drinking reported among those who had. The reported ease of access to alcohol and marijuana for our teenagers was also concerning, and something that should be of great interest to parents.

Hear more about what students have to say and learn how as the adults in their

lives we must help them learn the skills to navigate these eventful years. Please join Medfield parents, elected officials, business owners, clergy, Parks and Rec members, school administrators, our Chief of Police, youth outreach workers, and representatives from Norfolk DA Michael W. Morrissey’s office for this important event.

For more information about MCAP and Jay Campbell, visit their websites at

www.medfieldcares.org  and www.jaycampbell.net.

Dangerous employment

Click here to see my monthly newsletter, this month on dangerous employment 

Forced arbitration

From the American Association for Justice, on how we are losing our access to the courts  –

Forced arbitration: US Chamber’s license to steal.

Most Americans do not realize they have forfeited their legal rights until it is too late. Buried in the fine print of many contracts – from credit card and nursing home contracts to employee handbooks and online user agreements – are dangerous forced arbitration clauses that eliminate access to justice and replace it with a secretive, corporate tribunal. The American Association for Justice released a new primer – License to Steal: How the U.S. Chamber Forced Arbitration on America, found at http://www.takejusticeback.com/node/241 – detailing how the abusive practice of forced arbitration hurts American small businesses, consumers and employees.

McDonald’s hot coffee suit

The New York Times video with the real facts about the famous McDonald’s hot coffee lawsuit –

Video examines McDonald’s coffee suit.

The New York Times (10/23, Subscription Publication, 9.61M) runs a video report on the famous suit brought by a woman over burns she suffered from a spilled cup of McDonald’s coffee.

Lawyer jokes

DRY-CLEANED LAWYER JOKES

The Will
A man went to his lawyer and said, “I would like to make a will but I don’t know exactly how to go about it.”

The lawyer said, “No problem, leave it all to me.”

The man looked somewhat upset and said, “Well, I knew you were going to take the biggest slice, but I would like to leave a little to my children too!”
——————————————————————————–
Objection

A lawyer cross-examined the adversary’s main witness. “You claim to have stopped by Mrs. Edwards’ house just after breakfast. Will you tell the jury what she said?”

“Objection, your honor,” shouted the other lawyer.

There then followed a long argument between lawyers as to whether the question was proper. Finally, after 45 minutes, the judge allowed it.

“So,” the first lawyer continued, “Please answer the question: What did Mrs. Edwards say when you went to her house after breakfast on December 3rd?”

“Nothing,” said the witness. “No one was home.”


Bad Neighbors

A dog ran into a butcher shop and grabbed a roast off the counter. Fortunately, the butcher recognized the dog as belonging to a neighbor of his. The neighbor happened to be a lawyer.

Incensed at the theft, the butcher called up his neighbor and said, “Hey, if your dog stole a roast from my butcher shop, would you be liable for the cost of the meat?”

The lawyer replied, “Of course, how much was the roast?”

“$7.98.” said the butcher.

A few days later the butcher received a check in the mail for $7.98. Attached to it was an invoice that read: Legal Consultation Service: $150


The Compliment

“You seem to have more than the average share of intelligence for a man of your background,” sneered the lawyer at a witness on the stand.

“If I wasn’t under oath, I’d return the compliment,” replied the witness.


New Client

A lawyer opened his own office right after successfully passing the bar exam. Sitting idly at his desk, his secretary announced that a Mr. Baker was there to see him. He told his secretary to show him right in.

Thinking that it was a new client he wanted to make a good impression. As Mr. Baker was entering his office, the lawyer picked up the phone and yelled into it…”Absolutely not! You tell them I will not settle this case for less than five hundred thousand dollars. Don’t bother me again until that amount has been agreed to!”

Slamming the phone down, he greeted Mr. Baker saying, “How do you do Mr. Baker. What can I do to help you?”

Mr. Baker replied, “Hi, I’m from the phone company. I’m here to connect your phone.”


Justice Has Triumphed

A lawyer had a jury trial in a very difficult business case. The client who had attended the trial was out of town when the jury came back with its decision, which was for the lawyer and his client. The lawyer immediately sent a telegram to his client, reading “Justice has triumphed!”

The client wired back, “Appeal at once!”


Suit Settled

A young defense attorney who had taken over his father’s practice rushed home totally elated.

“Dad, listen, you aren’t going to believe this,” he said to his father. “I’ve finally settled that old Whitmore suit.”

“Settled it!!” bellowed his father. “You bumbling idiot! We’ve been living off of that money for over five years now!”


I’m fine

Farmer Joe decided his injuries from the accident were serious enough to take the trucking company to court.

In court, the trucking company’s fancy lawyer was questioning farmer Joe. “Didn’t you say, at the scene of the accident, ‘I’m fine’?” said the lawyer.

Farmer Joe responded, “Well, I’ll tell you what happened. I had just loaded my favorite mule Bessie into the…….”

“I didn’t ask for any details,” the lawyer interrupted, “just answer the question. Did you not say, at the scene of the accident, ‘I’m fine!'”

Farmer Joe said, “Well, I had just got Bessie into the trailer and I was driving down the road…”

The lawyer interrupted again and said, “Judge, I am trying to establish the fact that, at the scene of the accident, this man told the Highway Patrolman on the scene that he was just fine. Now several weeks after the accident he is trying to sue my client. I believe he is a fraud. Please tell him to simply answer the question.”

By this time the Judge was fairly interested in Farmer Joe’s answer and said to the lawyer, “I’d like to hear what he has to say about his favorite mule Bessie.”

Joe thanked the Judge and proceeded, “Well, as I was saying, I had just loaded Bessie, my favorite mule, into the trailer and was driving her down the highway when this huge semi-truck and trailer ran the stop sign and smacked my truck right in the side. I was thrown into one ditch and Bessie was thrown into the other. I was hurting real bad and didn’t want to move. However, I could hear ole Bessie moaning and groaning. I knew she was in terrible shape just by her groans. Shortly after the accident a Highway Patrolman came on the scene. He could hear Bessie moaning and groaning so he went over to her. After he looked at her he took out his gun and shot her between the eyes. Then the Patrolman came across the road with his gun in his hand and looked at me. He said, “Your mule was in such bad shape I had to shoot her – how are you feeling?”


In the Diner

Two lawyers entered the diner and ordered a couple of drinks. They then took sandwiches from their briefcases and began to eat.

Seeing this, the angry owner went over to them and said, “Excuse me, but you cannot eat your own sandwiches in here!”

Shrugging their shoulders the lawyers exchanged sandwiches.


The Hamburger

Prosecutor : What were you doing on July 15th at 9 o’clock in the evening ?
Prisoner : I was eating hamburger.
Prosecutor : What were you doing at 9:30 p.m. ?
Prisoner : I was taking a bicarbonate of soda.
Prosecutor : Do you expect us to believe you ?
Prisoner : You would if you had eaten one of those hamburgers.


The Lawyer and the Federal Housing Authority

A New Orleans lawyer sought an FHA (Federal Housing Authority) loan for a client. He was told the loan would be granted if he could prove satisfactory title to a parcel of property being offered as collateral. The title to the property dated back to 1803, which took the lawyer three months to track down.

After sending the information to the FHA, he received the following reply (actual letter):

“Upon review of your letter adjoining your client’s loan application, we note that the request is supported by an Abstract of Title. While we compliment the able manner in which you have prepared and presented the application, we must point out that you have only cleared title to the proposed collateral back to 1803. Before final approval can be accorded, it will be necessary to clear the title back to its origin.”

The lawyer responded as follows (actual letter):

“Your letter regarding title in Case No. 189156 has been received. I note that you wish to have title extended further than the 194 years covered by the present application. I was unaware that any educated person in this country, particularly those working in the property area, would not know that Louisiana was purchased by the U. S. from France in 1803, the year of origin identified in our application. For the edification of uninformed FHA bureaucrats, the title to the land prior to U. S. ownership was obtained from France, which had acquired it by Right of Conquest from Spain. The land came into possession of Spain by Right of Discovery made in the year 1492 by a sea captain named Christopher Columbus, who had been granted the privilege of seeking a new route to India by the then reigning monarch, Isabella. The good queen, being a pious woman and careful about titles, almost as much as the FHA, took the precaution of securing the blessing of the Pope before she sold her jewels to fund Columbus’ expedition. Now the Pope, as I’m sure you know, is the emissary of Jesus Christ, the Son of God. And God, it is commonly accepted, created this world. Therefore, I believe it is safe to presume that He also made that part of the world called Louisiana. He, therefore, would be the owner of origin. I hope … you find His original claim to be satisfactory.

Now, may we have our FEDERAL FHA LOAN?”

Forced arbitration taking away our rights

Corporations and businesses are using mandatory arbitration clauses inserted into all sorts of consumer agreements to take away our rights to seek any redress, and the US Supreme Court has ruled that even onerous terms (e.g. – you have to go to Arizona to arbitrate with their arbitrator) are enforceable.  This is a good article in US News and World Reports

Hopefully change will come, and people’s rights to sue in court will be restored.  The jury trial is our great American equalizer, where an individual can stand on an almost level playing field with even the biggest corporations.

Texter can be liable for recipient’s accident

If the well documented dangers texting while driving does not scare you enough already, a N.J. court has now held that you may have to pay if the person you text has a car crash while reading and/or responding to  your text, if you have reason to know they are driving at the time.

I saw the figure recently that 21% of our motor vehicle accidents now involve cell phone use, so be assured that there will be plenty of cases we attorneys will bring that will stretch the liability boundaries with respect to anything involving the use of cell phones while driving – especially when we already know that the level of distraction that accompanies cell phone use while driving is similar to being legally drunk.    See End Distracted Driving

Lenders rate your credit by your FB friends

We aren’t “alone” any more, and never will be…..

NEW YORK (CNNMoney)

Choose your Facebook friends wisely; they could help you get approved — or rejected — for a loan.

http://money.cnn.com/2013/08/26/technology/social/facebook-credit-score/index.html