is the process by which a committee of physicians examines the work of a peer and determines whether the physician under review has met accepted standards of care in rendering medical services. Depending on the specific institution, a medical peer review may be initiated at the request of a patient, a physician, or an insurance carrier. The term “peer review” is sometimes used synonymously with performance appraisal.- Wikipedia

An ongoing lawsuit in Los Angeles California is pushing to see the medical records used in these evaluations, something that has not been done before and can have wide ranging implications for the future. These reviews include information about mistakes that hospitals and staff have made and their plans to prevent the same mistake from happening again. The hospital argues that sharing these documents could prevent staff from reporting such mistakes in the future.

While this could be the result of such disclosure,the reasons behind the disclosure request are not without merit.  There are accusations that the peer reviews were either not occurring or occurring in a manor that was inappropriate and ineffective.  The safety of the patients  in the care of the hospital is of the utmost importance on both sides of this argument.

Can Doctors be trusted to police themselves or should these medical records be disclosed?

Texting while driving has been a hot topic for some time now. Distracted driving, such as texting while driving, can cause serious, even fatal, accidents. Some reports even indicate that cell phone/texting while driving is more dangerous than being under the influence of alcohol or drugs while driving. Still, it can be a challenge to change behaviors…. especially since our cell phones are practically glued to our hands these days. As noted by the National Traffic Highway Safety Administration, there are special reasons why texting-while-driving is so dangerous. The act of composing, sending or reading text messages interrupts drivers’ cognitive attention, causes vision to be directed away from the road, and compromises manual control of the vehicle.

One day someone said “enough”… and decided that texting-while-driving was too dangerous to be continued… and took a stand to change our collective thinking about it. It started with just one, or maybe a few people, who started talking about the lives that have been taken or damaged from accidents caused by texting drivers. Mega media jumped on the band-wagon… perhaps most famously with Oprah’s “No Phone Zone” campaign. And the public actively joined in the conversation. All that energy created a domino effect…. including, increasingly, the legal dominos.

While a number of states have already enacted laws addressing cell phone use and/or texting while driving (Washington State being the first to enact a texting ban in May 2007), many states still have yet to take action. (For your reference, the Governors Highway Safety Association (GHSA) published a State Cell Phone Driving Laws chart on its website.) To help those remaining states get started on their own laws, the National Highway Traffic Safety Association drafted sample legislation for them to use as a starting point. Here is a copy of the sample law:

SAMPLE TEXTING WHILE DRIVING LAW

§ 1 Short title

This act may be cited as the [State] Ban on Texting While Driving Law

§ 2 Purpose

The purpose of this subchapter is to:
(1) Improve roadway safety for all vehicle operators, passengers, bicyclists, pedestrians, and other road users;
(2) Prevent crashes related to the act of text messaging while driving a motor vehicle;
(3) Reduce injuries, death, property damage, health care costs, health insurance and automobile insurance rates related to motor vehicle crashes; and
(4) Authorize law enforcement officers to stop vehicles and issue citations to persons texting while driving as a standard offense.

§ 3 Application

Except as provided in Section 4, this subchapter applies to all drivers during operation of a motor vehicle on the travel portion of public streets, roads and highways [Option: States may elect to cover only motor vehicles in motion]. This subchapter amends [insert state code] to make it unlawful to manually type or enter multiple letters, numbers, symbols or other text in a wireless communication device, or send or read data in the device, for the purpose of non-voice interpersonal communication, including texting, emailing and instant messaging.

§ 4 Exemptions

This subchapter does not apply to a driver who is:
(1) A law enforcement, fire service, or emergency medical services professional performing official duties.
(2) Reporting an emergency, or criminal or suspicious activity to law enforcement authorities.
(3) Receiving messages related to the operation or navigation of a motor vehicle; safety-related information including emergency, traffic, or weather alerts; data used primarily by the motor vehicle; or radio.
(4) Using a device or system for navigation purposes.
(5) Conducting wireless interpersonal communication that does not require manual entry of multiple letters, numbers, or symbols or reading text messages, except to activate, deactivate, or initiate a feature or function.

§ 5 Penalties

A driver violating this subchapter shall be subject to a penalty of:
(1) For the 1st offense – traffic infraction or violation including a minimum fine of $75 and action against driving privileges.
(2) For a subsequent offense – penalties should escalate in accordance with the State’s motor vehicle and traffic laws.
(3) For any offense that results in a death or serious injury –the infraction should increase to a felony (criminal offense) with penalties consistent with State sentencing guidelines.

If you’ve been in an accident resulting from driver distraction with a cell phone, you have important legal rights to protect and may be entitled to compensation for your injuries if there is a lawsuit. Contact a personal injury attorney, or an attorney who is experienced in auto accidents or truck accidents to discuss your case.

By: LINDSEY O’NEILL, ESQ.

The majority of medical malpractice claims in a study of seven states were closed without any compensation paid to those claiming a medical injury, the Justice Department’s Bureau of Justice Statistics (BJS) reported.

BJS conducted a study of medical malpractice insurance claims that were closed from 2000 through 2004 in Florida, Illinois, Maine, Massachusetts, Missouri, Nevada and Texas. These states were identified as having comprehensive medical malpractice insurance claims databases, some of which extended back to the early 1990s.

About one-third of the medical malpractice insurance claims closed in Maine, Missouri and Nevada resulted in a payout. In Illinois about 12 percent of closed claims ended in a payout.

Few medical malpractice insurance claims produced payouts that exceeded $1 million. Less than 10 percent of the claims in Florida, Maine, Missouri and Nevada had payouts of $1 million or more. In Florida, Maine and Missouri, about two-thirds of the claims were closed with insurance payouts of less than $250,000.

Among persons receiving compensation, insurance payouts were highest for claimants who suffered lifelong major or grave permanent injuries. In Florida and Missouri, claimants with these types of injuries received median payouts ranging from $278,000 to $350,000. Insurance payouts were lowest for claimants who suffered temporary or emotional injuries. In Florida and Missouri, claimants who suffered these types of injuries received median payouts ranging from $5,000 to $79,000.

Medical malpractice insurance payouts increased as the insurance claims advanced through the legal system. Payouts were typically lowest for claims closed prior to the filing of a lawsuit and highest for claims closed after trial. In Florida, Nevada and Texas, claims decided by trial resulted in median payouts that were at least two and a half times larger than claims that were settled. Claims closed after a trial also cost more for insurance firms to defend than claims settled at or prior to a trial. In Florida, Nevada and Texas, 95 percent or more of medical malpractice claims were settled prior to a trial decision before a jury or judge.

The median damages paid to medical malpractice claimants have increased since the early to late 1990s. In Missouri, for example, the median insurance payouts grew from $33,000 in 1990 to $150,000 in 2004. During the various time periods covered by these insurance claim databases, median payouts also increased by 57 percent in Massachusetts, 49 percent in Illinois, 36 percent in Florida, 26 percent in Nevada and 27 percent in Texas.

In general, claimants did not file medical malpractice claims with insurance companies immediately after an injury. In Florida, Missouri and Texas, medical malpractice claims were filed with insurance companies an average of about 15 to 18 months after injury. After the claim was received, it took an average of 26 to 29 additional months to close the claim in these states.

Breakinglegalnews.com

Elder Care is one of the fastest growing industries because people are living increasingly longer lives. Sadly this growth also means that elder abuse and neglect is also on the rise. HelpGuide.org has provided this helpful guide to the signs and symptoms of elder abuse.

Signs and symptoms of specific types of abuse

Nellie Akalp is the CEO & Co-Founder of CorpNet, her second incorporation filing service company based on the simple philosophy of truth in business and her strong passion to assist small business owners and entrepreneurs in getting their business off the ground in a fast, reliable, and affordable manner. Follow her on Twitter @corpnet and Facebook.

Whether you’re the next big thing in social gaming or organic knitwear, each startup eventually faces the same gnawing questions: How should I legally structure my business? Should I form an LLC or an S-Corp? What about an S-Corp vs. a C-Corp?

These questions are only natural. After all, the legal and financial ramifications are significant. And your passion might be designing iPhone (iPhone) apps or analyzing Twitter (Twitter) data, but I’m pretty confident it’s not tax law.

While circumstances vary among individuals and individual businesses, here are some general guidelines to help you jump-start your decision on business structures. There are other possible business types, but I’ll focus on three: the LLC, the S Corporation, and the C Corporation.

The LLC (Limited Liability Company)

The LLC is very hot among startups now. Owners of an LLC jointly own and manage the business, and share in the profits. Like a corporation, the LLC is a separate legal entity — it can sue and be sued, it can own property, but individual owners are shielded from personal liability. The LLC (like the S-Corp and C-Corp) gives you peace of mind that your personal property can’t be wiped out because an unsatisfied client sues your company, or if your business runs into financial trouble because a key customer fails to pay. However, it is important to note that an LLC is not an ironclad protection against personal liability, as courts around the country have begun to override the LLC if there has been fraud or misrepresentation.

The LLC is ideal for startups that don’t want or need much formality, but still want legal protection. In a corporation, minutes must be filed and resolutions passed whenever you want to make changes to the company. In the LLC, this isn’t the case. LLCs just use an informal “operating agreement.” Depending on your particular type of business, this could either be a great time and money saver, or the gateway to conflict down the road.

An LLC is considered a pass-through entity when it comes to federal income tax. This means the business itself is not taxed; rather, any business income or loss is reported on each individual owner’s tax return. However, every business has different financials, so please remember that it’s wise to consult with a tax advisor on your own situation.

In an LLC, income and loss can be allocated disproportionately among the owners; in the S-Corp, income and loss are assigned to each shareholder strictly based on their pro-rata share of ownership.

So, if I own 80% of an LLC, my share of the tax burden doesn’t necessarily have to be 80% of the taxable income. But if I own 80% of an S-Corp and that company makes $100,000 in taxable income, I will be taxed on $80,000 of income, even if I never withdrew a cent from the corporate bank account.

The S-Corp

An S-Corp typically starts off as a regular C Corporation, and then soon after (or to get technical, within two months and 15 days), all shareholders must submit Form 2553 to the IRS. This means the company is now treated as a pass-through entity, similar to the LLC, and income/loss is passed through to each shareholder’s individual tax statement.

An S Corporation should be selected when your startup will make a profit soon after incorporation —- and most of that profit will be distributed to shareholders as a dividend. If your business model requires you to reinvest the profit back into the company for growth, you should be looking at a C-Corp instead. This is due to the simple fact that all shareholders will still be taxed on the profits individually, even though those profits are pumped back into the business, instead of into shareholders’ wallets.

Beyond tax matters, there are other rules shaping whether the S-Corp is right for your startup. An S-Corp cannot have more than 100 shareholders. All shareholders must be individuals (not LLCs or partnerships) and legal residents of the United States.

The C-Corp

That brings me to the C Corporation. Unlike all other forms of business, a C-Corp is not a pass-through entity. It’s taxed separately and the company must file its own tax returns with Form 1120. C-Corps have their own tax brackets, which in many cases, are lower than individual tax rates.

Unlike the S-Corp, almost anyone can own shares in a C-Corp and there’s no limit on the number of shareholders. Obviously, if you anticipate having more than 100 shareholders, the C-Corp is the way to go. In addition, the C-Corp lets you create different classes of stock, so owners can have different shares in terms of profits and losses.

With a C-Corp, individuals are taxed only on the money they receive. Therefore, if you’re planning on reinvesting your startup’s profits back into the company, a C-Corp is preferred since these profits are usually taxed at a lower rate. Additionally, the C-Corp is generally the preferred business structure for startups seeking funding from different sources, including VC and equity financing.

Keep this information in your back pocket as you get the ball rolling on your business venture, and always be sure to consult a lawyer and/or tax advisor before making any firm decisions. Good luck!

Below are a few tips for physicians who want to better assist their patients and be more efficient in their work. It’s important that doctors play a more active role in developing and implementing systems to improve patient safety. The better you are at helping your patients, the less likely you will face a lawsuit.

Communicate with your patient – Be open and honest with your patients. Let them know what exactly you will do to treat them. Be thorough when explaining any medical process they will need to undergo and make sure you have all the information you need from them. Help your patients make informed decisions by offering as much information as you can. Furthermore, part of communicating well with patients also includes promptly returning phone calls, preferably within 24 hours.

Keep good files and documentation – Make sure to maintain good records of patient visits and prescriptions.

Give patients top priority – Although this may seem obvious, many doctors forget that their whole purpose is to make sure their patients have the best care possible. The hospital environment can be demanding and fast-paced, however don’t be in a rush to get patients in and out. Take your time with each patient and make sure to explain all the facts.

Stay updated on current medical practices – Attend continuing education classes or become involved in professional organizations.

By following the tips outlined above, you can provide better healthcare to patients plus avoid a costly medical malpractice suit.

Maria Palma is a freelance writer and internet marketer helping businesses expand their business online. If you are a physician looking for medical malpractice insurance, you can get a free, no obligation malpractice insurance quote.

Article Source: http://EzineArticles.com/?expert=Maria_Palma

If you are the victim of another’s negligence you should gather as much information about that other person as you can. You should take pictures with your camera phone, if available. You should immediately seek medical treatment if necessary. Then you should contact The Law Offices of Charles A. Gilman, LLC to discuss your claim.

A 53-year-old Harford County woman on Thursday won a $3.5 million medical malpractice verdict against two surgeons and their business, Vascular Surgery Associates.

Little underwent surgery for blocked arteries in 2007, with disastrous results, according to her Baltimore attorneys. She filed a lawsuit in Harford County Circuit Court in 2008. And Thursday, after nine hours of deliberation, a civil jury held two doctors responsible for Little’s injuries: Dr. Roger E. Schneider, chairman of Upper Chesapeake Health System, and his partner, Dr. Mark D. Gonze.

Little’s lawyers, James Cardea and Scott Kurlander, claim that that the doctors used an improper grafting technique. They say that led to blood loss and various injuries, including damage to Little’s spinal cord, which left Little paraplegic and unable to walk.

She still has some feeling in her legs, however, Kurlander said in a telephone interview, but she is in constant pain.

Little walked in to the hospital in “4-inch heels and she was never able to walk out,” Kurlander said, adding that the verdict has given his client a sense of security. The jury awarded Little $1.3 million in noneconomic damages, $2 million for future medical bills, and more than $200,000 for her prior bills.

An attorney for the doctors, E. Philip Franke III, said the complication that occurred during Little’s aorta surgery is known to happen “in the best of hands” and that the technique used was appropriate.

“This is a nice lady who had a poor outcome, but it was not malpractice by these two well-trained surgeons,” Franke said. “We are reviewing the case for appeal.”

Franke said he also expects the amount awarded to be reduced as a matter of law.