http://www.articletrader.com/ Articles at ArticleTrader en-us http://www.articletrader.com/finance/insurance/what-you-see-may-not-be-what-you-get.html http://www.articletrader.com/finance/insurance/what-you-see-may-not-be-what-you-get.html Wed, 08 Jul 2009 06:17:26 -0500
Even if you decide to do an online search for health insurance rates, you need to remember that if you have asthma, stomach problems or allergies, this will make a difference. Not telling the health insurance agent that you have these conditions is not even an option. If you go for treatment for them later, this discrepancy will be caught later and your insurance may be cancelled.

The reality of today's world is that virtually everyone from you to your next door neighbor is being treated for something by a doctor. So, if you are getting allergy medicines, stomach pills or inhalers for your asthma, this will affect the rates you are quoted.

It doesn't mean you won't get insurance, it just means your quote will be different than the person who is in super shape and has no pre-existing medical conditions. You may, in some instances, be uninsurable depending on the condition you have. However, this is something you need to discuss with your health insurance agent. Usually there is some other alternative "if" that happens to be the case.

If you figure that by talking directly to the health insurance carrier that it will make a difference in your rates, you'd be wrong. The reason for that is that health insurance rates are federally mandated. Ultimately the differences in pricing will be attributable to what criteria the health insurance company uses to assess risk. Just remember that if the rate you see on the website isn't applicable to you, there will be one that will apply.


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Evan Tunis is with FloridaHealthcareInsurance.com, the leading provider of Florida health insurance quotes. To learn more about Florida health insurance, visit Floridahealthcareinsurance.com.

Source: http://www.articletrader.com ]]> http://www.articletrader.com/legal/special-tragedies-of-aviation-disasters.html http://www.articletrader.com/legal/special-tragedies-of-aviation-disasters.html Wed, 08 Jul 2009 05:22:41 -0500
Aviation-related injuries and death may be triggered by encounters with unforeseen weather systems or conditions, mechanical failure, shortage of fuel, defective navigational tools, or human errors related to the proper operation of such tools: insufficient airframe and engine maintenance, excessive age and consequent diminished reliability of aircraft components, crew fatigue or negligence, and more recently, the increasing risk of injury or death caused by a terrorist act.

When considering air travel, many factors must be considered. While no precaution taken by a passenger can guarantee a risk-free flight either domestically or internationally, airlines and private operators are obligated to not assume undue risk when enroute to a destination. If risks deemed improper are taken and the consequence is an aviation disaster, liability may well become applicable to certain parties. In the case of a terrorist act, criminality may well be assigned as well.


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Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon. Contact Stratton Faxon to speak with a Connecticut accident lawyer about your personal injury, wrongful death, or Connecticut malpractice case. To learn more, visit Strattonfaxon.com.

Source: http://www.articletrader.com ]]> http://www.articletrader.com/legal/wrongful-death-suit-involving-coal-carrier-colliding-with-vessel.html http://www.articletrader.com/legal/wrongful-death-suit-involving-coal-carrier-colliding-with-vessel.html Wed, 08 Jul 2009 02:04:58 -0500
Ms. Bortolotti had earned about $42,000 annually, and her estate claimed between $1.35 million and $1.99 million in lost earnings.

Bortolotti's parents, individually and on behalf of her estate, sued the shipping company that operated the Barkald, the pilot, the pilot's association, and the Essence's owner and pilot. Plaintiffs alleged the Barkald's crew failed to follow the proper safety measures appropriate to the circumstances. Plaintiffs claimed that a light was out portside on the coal carrier, limiting visibility as it navigated past the Essence. Plaintiff's also alleged that the vessel's master failed to obey the captain's order to post a lookout at the bow because of the vessel's size and crane obstructions on deck. Because no one was stationed at the bow, plaintiffs argued, no one was able to foresee the inevitable collision. Finally, it was alleged that the Essence failed to follow established rules associated with international navigation.

Defendants argued that their liability was restricted by the pecuniary loss rule under the Jones Act, under which there would be no loss because Bortolotti was without dependents.

Plaintiffs and defendants settled before trial for $5 million. The shipping company's insurer paid $3 million, and the Essence's insurer contributed the remainder. An intriguing aspect of this case is that it resembled a responsibility scenario often applicable to vehicle mishaps on land, in cases where a measure of blame is shared between defendants.


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Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon. Contact Stratton Faxon to speak with a Connecticut accident lawyer about your personal injury, wrongful death, or Connecticut malpractice case. To learn more, visit Strattonfaxon.com.

Source: http://www.articletrader.com ]]> http://www.articletrader.com/legal/birth-injury-med-mal.html http://www.articletrader.com/legal/birth-injury-med-mal.html Wed, 08 Jul 2009 01:38:48 -0500
Shoulder dystocia is a term that actually means difficult birth, and indeed it is when the baby is stuck, unable to move forward without help. This may be caused if the baby is a large one, but may also happen with any size. There are several methods doctors may use to help the baby along, including fondal pressure (but not excessive) forceps or even vacuum assisted delivery.

Lately there has been a move to rotate the baby's head during birth to prevent dystocia, which, if done correctly, assists in a proper birth. If done incorrectly, it causes dystocia. The other method of delivery involves lateral traction. This happens when there is a little delay after the baby's head has cleared the birthing canal. This may be a natural delay, but some doctors panic and use lateral traction. Many doctors are now finding that lateral traction pushes the baby's head towards its shoulders, which causes shoulder dystocia.

There are other causes of shoulder dystocia, but suffice it to say that in some instances, it may be the result of medical malpractice. Unfortunately there is a high risk of brain and nerve damage in babies with shoulder dystocia. The nerve damage is a brachial plexus injury, otherwise called Erb's palsy and it affects the nerves that control movement and sensation in the fingers, hands and arms.

If you feel that you have been the victim of medical malpractice, call a knowledgeable attorney to discuss your potential birth injury case. Your lawyer will ensure you are informed of your rights and keep you apprised of everything happening on your file as your lawsuit progresses.


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Michael G. Smith is a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock Arkansas. Learn more by visiting Arkansaslawhelp.com

Source: http://www.articletrader.com ]]> http://www.articletrader.com/legal/the-doctor-got-it-wrong.html http://www.articletrader.com/legal/the-doctor-got-it-wrong.html Wed, 08 Jul 2009 01:00:14 -0500
Victims of medical malpractice have the right to file a lawsuit and recover damages for things like the expenses related to the initial misdiagnosis, lost wages (not just for the future and the present, but for the past) and the mental anguish the misdiagnosis caused. In instances where death was a result of the misdiagnosis, the family members may be able to file a wrongful death suit and be compensated for the death.

Medical malpractice lawsuits must be filed within a certain period of time, and this tends to vary with each state, so make sure to speak to a knowledgeable attorney about the time limits. For instance, in Arkansas a medical malpractice suit must be filed within two years after the date of the incident.

The most common instances where medical misdiagnosis has happened usually occur when potentially dealing with cervical, lung, colon and breast cancer, blood clots, stroke, heart attacks, severe infections, meningitis and diabetes. At one time, it was thought that roughly 20% of every deadly disease diagnosed was wrongly diagnosed. Unfortunately, it's likely this statistic from 2006 has increased.

How does medical misdiagnosis happen? It is usually the result of a doctor making the wrong call on whether or not a tumor is benign or malignant; not ordering screening for a condition a patient is at high risk to develop; doesn't do necessary testing or refer to a specialist; misreads lab tests, doesn't listen to the patient closely and doesn't properly handle lab specimens.

If you suspect you may be the victim of medical malpractice (medical misdiagnosis), contact a medical malpractice attorney to discuss your case. Remember, time is of the essence in these cases, so do not wait until it is too late.


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Michael G. Smith is a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock Arkansas. Learn more by visiting Arkansaslawhelp.com

Source: http://www.articletrader.com ]]> http://www.articletrader.com/legal/the-immigration-rules-are-not-working.html http://www.articletrader.com/legal/the-immigration-rules-are-not-working.html Tue, 07 Jul 2009 05:35:11 -0500
Is the system broken? Most definitely it is and this isn't much of a shock either when you look at the horrendous documentation to be admitted to the US as an authorized immigrant. Knowing that the system lacks something to be desired, and takes forever and a day to get through (meaning sometimes years) more immigrants are willing to take the chance of sneaking over the border and just getting on with their lives.

Speak to immigrants waiting for approval to get into the US and you'll likely hear a whole litany of things what would make a natural citizen cringe. The rules, regulations, addendums and constant changes make trying to get legal status in the US a real hit and miss proposition. Why then are we wondering that the influx of illegal immigrants seems to be higher than it has ever been?

It's quite obvious that immigrants want to live in the US because America truly is the land of unlimited opportunities - if you can even get approved, meet all the requirements, live an exemplary life, don't commit a crime, learn all about the civil government and pass your citizenship test. Not asking much are we?

Unfortunately, to say that the immigration system is botched would be an understatement. Take a good look at how jammed packed the immigration courts happen to be. Qualified, decent people that would do our country credit are getting lost in a vast behemoth of a system whose good days are few and far between. In the meantime, almost 30 million people have felt the need to sneak over the border. The immigration system definitely needs to be fixed.


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Sally Odell - Rifkin & Fox-Isicoff, PA is an immigration lawyer in Miami with immigration law offices in Orlando and Miami Florida. To learn more, visit http://www.rifkinandfoxisicoff.com.

Source: http://www.articletrader.com ]]> http://www.articletrader.com/legal/the-consequences-of-criminal-charges-for-immigrants.html http://www.articletrader.com/legal/the-consequences-of-criminal-charges-for-immigrants.html Tue, 07 Jul 2009 04:43:19 -0500
Due to the severe nature of the immigration fallout on the other side of this equation, criminal defense attorneys need to not just reduce time in custody, but work to avoid deportation when any sentence is completed. Although attorneys in California are required to tell their immigration clients about the real aftermath of certain defense strategies, this often doesn't happen. This of course winds up putting the immigrant behind the proverbial eight ball.

The interesting question is why immigrants don't get a deportation defense along with their criminal defense. This most often relates to the attorney not considering that type of work to be included in criminal defense proceedings. On the other side of the coin, there are zealous criminal defense lawyers who have a special skill in attempting to mitigate possible deportation and also reducing time in custody.

If you happen to have a record of criminal conduct, make sure you are aware of the precise immigration spin-off of that record before filing an application with USCIC or traveling. By traveling or applying to USCIC, you will bring your record to the attention of the government and this could result in a rather drastic outcome.

There are a variety of areas affected by a history of criminal conduct, including your inability to now be able to say you have "good moral character," a requirement for obtaining permission to immigrate to the US. Criminal conduct will also prevent you from being approved for naturalization, and bar you from being able to qualify for certain relief forms from deportation in immigration court.

The above sanctions may not seem too great, and admittedly, are on the lesser end of the range of consequences for criminal conduct. Be aware however that things like being charged or even accused of an aggravated felony may result in quick expulsion.

If you think you can just come back into the US after expulsion (without authorization) for this type of felony, think again, as you may face up to 20-years in federal prison if prosecuted. Lately, state attorneys are paying more attention to dealing with and prosecuting cases of this nature.

In all instances, if you have a history of criminal conduct, consult with a highly skilled immigration lawyer to find out where you stand with regard to the immigration process. Better to know that now, than find out the hard way later.


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Sally Odell - Rifkin & Fox-Isicoff, PA is an immigration lawyer in Miami with immigration law offices in Orlando and Miami Florida. To learn more, visit http://www.rifkinandfoxisicoff.com.

Source: http://www.articletrader.com ]]> http://www.articletrader.com/legal/surgical-malpractice.html http://www.articletrader.com/legal/surgical-malpractice.html Tue, 07 Jul 2009 02:38:58 -0500
What is surgical medical malpractice? Most commonly it is the result of a surgeon failing to give their patient proper care, and that failure ends up causing serious injuries or death. Typically, this would have to do with a surgeon not adhering to accepted medical standards or not properly utilizing their skills.

Sadly, surgical medical malpractice is often due to very simple errors that should not have occurred had the surgeon been paying close attention to the surgical field, things such as using improperly sterilized instruments, a wrong incision, the puncture wound or a cut to an organ, anesthesia errors, surgery on the wrong organ or side, and instruments left inside a patient on closing.

Errors during surgery are one thing, negligence in diagnosing the right kind of operation necessary is another, and that is also classified as surgical medical malpractice. The three most often encountered classifications of surgery are emergency, urgent and elective. In the case of emergency surgery, it needs to be done post haste, not delayed. Urgent surgery needs to be done within a two-hour time frame, and elective surgery may be put off for some time.

Many procedures are prone to surgical malpractice, some more so than others. The ones that seem to be the most susceptible to errors are operations involving thoracic surgery, cosmetic surgery, gastric bypass, cardiothoracic and child delivery. While it is true that surgical medical malpractice is a reality of life, this isn't to say that the majority of surgeries don't go precisely as planned, and were deemed a success.

If you suspect you have been a victim of surgical malpractice, contact a medical malpractice attorney and find out what your rights are in this situation. Your attorney will be able to advise you of how cases such as this are handled.


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Tim Anderson works with Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit Ozcomert.com.

Source: http://www.articletrader.com ]]> http://www.articletrader.com/legal/are-your-premises-safe.html http://www.articletrader.com/legal/are-your-premises-safe.html Tue, 07 Jul 2009 01:27:05 -0500
The other name for cases in this area of law -- perhaps you don't recognize the term premises liability -- is slip and fall cases. The bulk of cases in this area usually do deal with falls on slippery surfaces, trips over various hazards and other things, such as stairs in poor repair. It shouldn't come as much of a surprise that this area of law is connected to several others as well.

Other injuries that may be covered by the doctrine of premises liability are porches collapsing, lead poisoning, mercury contamination, elevator malfunctions or drops, stairs that collapse and property fires. No two premises liability cases are alike and each one must be considered on its own merits. However having said that, there is one common element in most of these cases, and that would be negligence. The courts need to know if a property owner or manager is liable for a plaintiff's injuries.

Proving responsibility for someone else's injuries requires three components or elements. The first is a showing of duty, meaning that the owner did know or should have reasonably known about a hazard on his or her property. The second element refers to a breach of duty, in that it must be proven that the property owner failed to act "as a reasonable person" to remove or fix the danger.

Element three is that the plaintiff must show a causal link. In other words, prove that the defendant did not follow a reasonable standard of care and that this failure was the "direct and proximate cause" of the plaintiff being injured. If you have had an accident on someone's property and want to know your legal rights, contact a premises liability attorney to discuss your situation.


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Tim Anderson works with Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit Ozcomert.com.

Source: http://www.articletrader.com ]]> http://www.articletrader.com/legal/home-sweet-nursing-facility.html http://www.articletrader.com/legal/home-sweet-nursing-facility.html Tue, 07 Jul 2009 00:38:19 -0500
It is understandable for a family to experience a degree of apprehension when the comforts and familiar nuances of home are exchanged for the unknown, where your loved one is suddenly dependent upon others for their daily needs after a lifetime of relative independence. The most well-meaning nursing home staff is, when you get right down to it, comprised of strangers. Imagine how you would feel suddenly placed in a nursing home full of strangers especially if your next generation of friends and family are living too far away to easily visit. This predicament is a reality faced by many elders.

To ease the transition, and to monitor an elder's care as they're placed in a nursing facility, an attractive option for many families is hiring a Geriatric Care Manager. So-called GCMs can be a valued resource for elders and their families - an insider who knows the ins and outs of the system and can navigate effectively, matching the best care and services to each individual's situation. But some families are asking their GCMs to stay in the picture even after gramp-pa is settled and acclimated to the nursing home, so that he continues to receive the best possible care. GCMs sometimes recommend the hiring of professional caregivers to check in with your loved one periodically, perhaps weekly or even daily, as required.

An excellent resource for finding a Geriatric Care Manager in your area is the National Association of Professional Geriatric Care Managers, which can be Googled. If the time is fast approaching but it's not here yet, a call to your resourceful Elder Law attorney might be in order. Ask him to include a mention of the GCM preference in your estate planning documents or other relevant instructions.


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Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about elder law and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Source: http://www.articletrader.com ]]>