Oklahoma City Personal Injury Lawyer - Medical Malpractice

Oklahoma GOP - Are Caps Conservative?

Jeremy Thurman — Sat, 22 Nov 2008 00:11:24 GMT

A story on wcbstv.com exemplifies the fallacy behind the Oklahoma GOP’s vain attempt to push tort reform more aptly named Civil Amnesty as it’s not reform but Amnesty for big business and big insurance in Oklahoma. Senator Coffee and his ilk want to limit non-economic damages which are sometimes called “pain and suffering damages” to $300,000.00 so they can save their insurance friends some money.

In the wcbstv article, it talks about what can only be described as a grievous example of medical negligence. The story begins with the following “She was a vibrant young mother who went to a Brooklyn hospital for what she thought was a kidney stone. She wound up leaving without her hands and feet because of what her lawyers call a "medical mistake." The 32-year-old suffered an infection and ended up a quadriplegic with impaired vision. Because of this hospital, this emergency room, with back pain and side pain, and she leaves here on a stretcher with no hands and feet and legally blind, said Sanford Rubenstein, Mullings' attorney.”

Now according to Senator Coffee and the Oklahoma GOP, the maximum amount of pain and suffering this quadriplegic, blind mother suffered is $300,000.00. Yep that’s right, $300,000. Even if you readers, who may be nurses, teachers, paper mill workers, welders, deacons, preachers et. al. determine that she deserved $1,000,000.00 in pain and suffering damages, Senator Coffee and the Oklahoma GOP would say that you were wrong in awarding what you did and allow the insurance company to only pay $300,000.00. I suppose they are just smarter than you Oklahomans.

Ask yourself is this truly conservative? Do conservatives really believe that government knows better than private citizens in deciding issues? Do conservatives really believe that government intervention is warranted to protect insurance companies? I think not and yes I’m a true conservative. There is a beautiful thing about our judicial system, it currently is non-partisan and non-special interest controlled. These so called conservatives now in power at the state capitol don’t want it that way. They want an activist judiciary changing the will of the people called to serve on a jury.

Originally posted at InjuryBoard by Jeremy Thurman

Nurse Infects Patients and Keeps Practicing

Jeremy Thurman — Fri, 21 Mar 2008 23:18:28 GMT

The following reported by Yahoo is just another scary incident where the medical profession has failed to police itself. With all the talk of tort reform et al, this gives me the biggest evidence against such. Doctors and medical professionals routinely fail to police themselves leaving on us medical malpractice lawyers to do such. I have seen simliar circumstances of coverup, lies and continuing medical care being provided by bad doctors whom are known as bad doctors and medical professionals. Yet nothing is done except to cover-up the wake of malpractice they leave in their footsteps.

At least 15 military service members or their relatives are believed to have been infected with hepatitis by a nurse suspected of stealing their painkillers during surgery.

The nurse, retired Army captain Jon Dale Jones, was arrested this month in Miami on federal charges of assaulting three of those patients and possession of a controlled substance by fraud.

The outbreak -- and the nearly three-year-long criminal investigation that followed -- apparently did not prevent Jones from continuing to work as nurse in Texas and at least two other states and Washington, D.C.

Originally posted at InjuryBoard by Jeremy Thurman

Two doctors cleared in John Ritter's death

Jeremy Thurman — Fri, 14 Mar 2008 15:39:39 GMT

It just came accross on yahoo.com that 2 of actor's John Ritter's doctors were cleared of negligence in this high profile medical malpractice case.

Yahoo is reporting that the jury cleared a cardiologist and a radiologist today of negligence in the diagnosis and treatment of actor John Ritter, who died of a torn aorta in 2003. Jurors found that the radiologist advised Ritter to follow up with treatment by a physician after a body scan two years before his death. Ritter didn't follow the order.

If you haven't been following the case, the lawsuit was brought by Ritter's widow and children. They were alleging negligence against the two doctors. The jury returned a 9-3 verdict means there is no damage judgment against the doctors.

One interesting thing I found, is that the Ritter family had already settled with eight other medical personnel and the hospital previously made settlements with the family totaling $14 million.

To read more on the story follow the link posted above to Yahoo.com

Originally posted at InjuryBoard by Jeremy Thurman

A Lawyers Utopia - My Rant Against Tort Reform

Jeremy Thurman — Sat, 08 Mar 2008 01:21:08 GMT

I was discussing tort reform with a friend today and I heard my favorite term, Jackpot Justice. Of course I convinced my friend of the error of his ways and the utter fallacy of the tort reform movement. However, I got to thinking, what is Jackpot Justice. I better add a disclaimer, after reading this, this is truly a late night rant against the rhetoric of politicians.

Now understand one thing, I have a sarcastic sense of humor. So my first thought was where is this Jackpot Justice in Oklahoma. I mean, someone please tell me where this "shakedown" is occurring of poor innocent broke insurance companies. I have decided that I really need to find this lawyers utopia where every frivolous case nets a million dollar verdict and insurance attorneys never churn a file to reach their billing goals. Where is this fairytale land where computers systems by insurance companies don't tell my clients that they can't be injured seriously because their car only has a $1000.00 in damage.

If someone could please guide me to this utopia, I would greatly appreciate it. I would immediately go and knock on doors and file case after case in search of that Jackpot.

Oh and while I am at it. Can someone please tell me where in Oklahoma I can go file my auto accident cases that I will get paid. Please tell me. Because in my years of practice I have yet to see this utopia. I have yet to see an insurance company pay on meritorious claims without a fight, much less frivolous ones.

I beginning to believe this utopia is more like a Fairytopia. See Fairytopia is where Barbie and the twelve dancing princes play and live in their enchanted world. Now I know your asking, where the heck did that come. Well here's my secret, I'm the father of three girls and have seen it over 10 times and have participated in the dancing. I've been the prince. (FYI, if you're a dad, listen to the new Steven Curtis Chapman song: Cinderella, it will hit you hard about your baby girls).

Oh wait, you mean me, the ugly trial lawyer has a family? You mean I actually spend time with my precious children? You mean I actually serve in a leadership position in my church? These things couldn't be could they? Surely those are just a spin on my life, see I'm just an ugly trial lawyer taking advantage of billion dollar insurance companies. Those poor souls, bless their hearts, they only want to pay the injured. They would never intentionally devalue a claim.

Now that I've said the above, the rant can truly start. Shame on politicians who sell me their so called morals. Who come to my house proclaiming morality. Shame on these politicians who would do what Isaiah 10 states" Woe to those who make unjust laws, to those who issue oppressive decrees, to deprive the poor of their rights and withhold justice from the oppressed of my people, making widows their prey and robbing the fatherless. What will you do on the day of reckoning, when disaster comes from afar? To whom will you run for help? Where will you leave your riches? Nothing will remain but to cringe among the captives or fall among the slain. Yet for all this, his anger is not turned away, his hand is still upraised."

Yes, I went their I quoted scripture. I'm tired of being lied by politicians on tort reform. I'm tired of telling me they believe the injustice of it but promised the doctors whom make up 1% of their district but donated 99% of their campaign funds that they would vote for it. I'm tired of sending politicians up to the capitol to make foolish laws to benefit whatever special interest they choose.

Therefore, I propose a moratorium on the writing of laws. These so called politicians should only be allowed to go up and vote on the state's budget. Then, every five years they can have a session to introduce new laws. Ok, maybe that's a little overboard, but do we really need laws when the ones we have had around over 200 years have done pretty well. Go figure, maybe we can stop these politicians from having lobbyists write the bills while we are at it.

So if your reading this understand. I have morals. I want to tell you the truth. I don't care if your liberal, conservative or independent, you should be against tort reform because it does just what Abraham Lincoln warned against when he stated: "I see in the near future a crisis approaching that unnerves me and causes me to tremble for the safety of my country. As a result of the war, corporations have been enthroned and an era of corruption in high places will follow, and the money power of the country will endeavor to prolong
its reign by working upon the prejudices of the people until all wealth is aggregated in a few hands and the Republic is destroyed. I feel at this moment more anxiety for the safety of my country than ever before, even in the midst of war. God grant that my suspicions may prove groundless."

Wasn't honest Abe a republican? Geez, how far honesty has fallen. How have we delved so far from respecting humanity over corporate entities.

Originally posted at InjuryBoard by Jeremy Thurman

Personal Injury Statute of Limitations - Oklahoma

Jeremy Thurman — Thu, 06 Mar 2008 15:26:57 GMT

I just recieved one of those calls that every attorney fears. A potential client calls telling me how his daughter was hurt seriously in an accident and that he has been unsuccessfully trying to deal with the insurance company for a long time. He stated his daughter had numerous medical bills and needed an attorney. He told me she had back surgery and permanent injuries. For those of us in the legal arena, this would be considered a high value case. As I began to think that we would be able to help this gentleman's daughter, I asked the big question. When did the accident occur?

The gentleman's answer shocked me. He said in December 2005. He said the insurance company had been promising the last few years to pay her bills and to pay her when she was fully recovered (she probably never will be). They led him along for over two years and then, in a conversation they had with him one week ago, told him their insured was not obligated to help him. As I found out that their was no uninsured motorist coverage (longer statute of limitations of Oklahoma) I had to tell him that there was nothing we could do to help in.

The moral of the story is this. If your involved in a car accident, trucking accident, motorcycle accident or any other type of personal injury where insurance is invovled, hire an attorney immediately. Hire someone who has experience in those areas. Do not let the insurance company take advantage of you. They will tell you they care, they will promise the moon, but in the end, their goal is to save their company the most money possible by paying you the least amount as possible. Or in the case of this gentleman, dragging the case out past the statute of limitations without ever alerting him to what the statute of limitations was.

Originally posted at InjuryBoard by Jeremy Thurman

Study Finds Cancer Diagnosis Linked to Insurance

Jeremy Thurman — Mon, 18 Feb 2008 09:24:40 GMT

I just saw the following article from the New York Times discussing a new study by the American Cancer Society which has found that the uninsured and those covered by Medicaid are more likely than those with private insurance to receive a diagnosis of cancer in late stages, often diminishing their chances of survival.

Originally posted at InjuryBoard by Jeremy Thurman

Lawsuits Brought By Minors in Oklahoma

Jeremy Thurman — Wed, 30 Jan 2008 12:49:08 GMT

Minors in Oklahoma cannot initiate a lawsuit. When a minor, for example, has an auto accident claim that requires litigation, the lawsuit is brought by the minor's parents. The parents, in the context of litigation, are referred to and named in the lawsuit as "next friend." At times, a guardian must be appointed and approved by a court if the parents are not alive or do not have the capacity to act as "next friend" on behalf of the minor.
Even if a settlement is offered in an auto accident and/or wreck, however you like to phrase it, the child's claim will most likely be "friendly suited" to protect the insurance company once the child turns 18. This "friendly suit" is a hearing in front of a judge to determine whether the settlement is meritorious and the judge can then decide whether to allow the settlement.
If you or your minor child has been injured in a car wreck in Oklahoma, please call the attorneys at Nix & McIntyre. I hate to see a child taken advantage of by an insurance company trying to rob them of their needed recovery.

Originally posted at InjuryBoard by Jeremy Thurman

Fisher Invokes Fifth Amendment over 40 Times

Jeremy Thurman — Tue, 29 Jan 2008 09:48:50 GMT

The Daily Oklahoman
January 29, 2008
By Don Mecoy
Business Writer

Imprisoned former state Insurance Commissioner Carroll Fisher invoked the Fifth Amendment more than 40 times during a civil trial Monday in federal court to avoid answering questions about his relationship with American Fidelity Assurance Co.

"I respectfully decline to answer that question, sir," Fisher said repeatedly, claiming his constitutional right to avoid incriminating himself. Fisher was subpoenaed to testify in a trial prompted by an Oklahoma City woman's lawsuit challenging American Fidelity's payments for a cancer policy purchased by her late son.

Fisher's attorney failed to quash the subpoena, and defense attorneys unsuccessfully argued that Fisher's unresponsive testimony would be irrelevant.

Fisher, citing the Fifth Amendment, refused to answer questions about the lawsuit or American Fidelity during a sworn deposition in April.

Fisher was insurance commissioner nearly six years before resigning in September 2004. He was sentenced to a three-year prison term after his conviction for embezzling $1,000 of his state campaign funds and lying on a contributions report.

Fisher, dressed in dark gray pants and a light gray shirt, was accompanied by a federal marshal when he arrived in court. Fisher swore an oath, identified himself and then refused to answer any questions during his 20 minutes on the witness stand.

American Fidelity spokesman Brent Gooden declined to comment on the case, citing an order from U.S. District Judge Vicki Miles-LaGrange who is presiding over the civil trial.

Plaintiff's attorney Tony Gould asked Fisher why he wrote a letter challenging American Fidelity's new policy regarding "actual damages" soon after taking office, but later issued a letter approving the change. Gould asked Fisher if he accepted "any money or form of inducement in exchange for writing" the second letter.

Fisher refused to answer the questions.
Defense attorneys, through their questioning, noted that as many as 100 individuals and companies contributed to a Fisher fundraiser.

Fisher also declined to answer defense questions.
Dolores Metzger's lawsuit against American Fidelity claims company directors changed the company's policy in 1994 on how it pays for claims on limited benefit health insurance policies, such as the cancer policy purchased by Metzger's son.

Metzger was the beneficiary of the cancer policy.
Before the change, the company paid whatever the patient was billed, the lawsuit states. After the change, the company issued benefits based on the often discounted amounts that health care providers charged insurance companies, the lawsuit claims.

Michael Metzger bought a cancer benefit policy from American Fidelity in 1992.
He was diagnosed with cancer in November 2004 and died Jan. 4, 2005.
The company, in its filing, admits that before 1994 it paid certain covered claims based upon a provider's original billed charge without consideration of discounts. American Fidelity also agrees that since 1994, it has paid actual charges benefits on its cancer policies based on the amount a provider accepts as full payment.

But American Fidelity in its filing denies the lawsuit's characterizations that it violated Oklahoma law or public policy or that it acted in bad faith.

Originally posted at InjuryBoard by Jeremy Thurman

Woman Misdiagnosed With HIV Gets $2.5 M

Jeremy Thurman — Thu, 13 Dec 2007 09:24:00 GMT

I recently came across this article on the AP detailing a jury verdict for $2.5 million for a woman who underwent 9 years of AIDS treatments when she actually did not have the virus. The article states that "a jury awarded $2.5 million in damages to a woman who received HIV treatments for almost nine years before discovering she never actually had the virus that causes AIDS. In her lawsuit against a doctor who treated her, Audrey Serrano said the powerful combination of drugs she took triggered a string of ailments, including depression, chronic fatigue, loss of weight and appetite and inflammation of the intestine."

To read more follow the link: http://apnews.myway.com/article/20071213/D8TGI7480.html

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Jeremy Thurman

Doctors Fail To Report Medical Mistakes

Jeremy Thurman — Wed, 05 Dec 2007 15:16:32 GMT

"There is a measurable disconnect between what physicians say they think is the right thing to do and what they actually do," said Eric Campbell of Massachusetts General Hospital and Harvard Medical School in Boston, who led a survey showing that "nearly half of all U.S. doctors fail to report incompetent or unethical colleagues, even though they agree that such mistakes should be reported." These researches found that "46 percent of physicians surveyed admitted they knew of a serious medical error that had been made but did not tell authorities about it."

To read more follow the link.

Originally posted at InjuryBoard by Jeremy Thurman