|
Newsletters
& Briefs
Let American jurors provide
justice
Business
and corporate executives, through their highly
paid lobbyists, constantly pressure national policymakers
to enact legislation favorable to them. These
special interests want to limit citizens' access
to the courts for recourse if they are injured
by defective products made by chemical or drug
firms, or if they are the victims of fraud or
deception committed by companies such as Enron
or Arthur Andersen.
Corporate
America's most recently repeated attempt to deny
victims remedy in court is another outrageous
insurance industry-backed bill. The U.S. House's
H.R. 5 (S. 607 in the Senate) was designed to
drastically limit the rights of patients seriously
injured by medical malpractice, elderly victims
of abuse in nursing homes, and others harmed by
defective medical products and prescription drugs.
Earlier this year, the U.S. House, voting along
party lines, narrowly passed H.R. 5, which went
to the Senate for further deliberation.
Others
want to restrict the role of juries
Proponents
of this legislation want to limit the rights of
those who are unfairly harmed by preventing juries
made up of people like you from hearing injury
cases. If passed, the legislation will preempt
state law and establish many restrictions -- including
a $250,000 one-size-fits-all cap on non-economic
damages for the most serious life-altering injuries-in
health care-related liability actions. As a result,
many legitimate cases will never get to court
to receive fair hearings by jurors. ¸
TOP
Gregory S. Cusimano co-editor
of a six-volume national legal publication
Thomson/West
Publishing recently released a six-volume work
entitled ATLA's Litigating Tort Cases. Our own
Gregory S. Cusimano, along with Roxanne Barton
Conlin (the first female president of the Association
of Trial Lawyers of America) served as co-editors-in-chief
of this important work. The publication has been
described as a flagship resource designed for
trial lawyers across the United States to assist
in preparing every phase of litigation, pleadings,
and discovery, as well as a road map for any situation
a lawyer may face. The chapters included in these
volumes are written by a "who's who" of modem
American tort lawyers and include advice on every
phase of the trial process. The "Fraud" chapter,
covering these issues in a nationwide scope, is
written by CKRK&M attorney Michael Roberts.
Mr.
Cusimano is one of the first five recipients of
the ATLA Lifetime Achievement Award. He is a member
of the ATLA Board of Governors, serves on the
Executive Committee of the National College of
Advocacy, is a past chair of the National College
of Advocacy, and is a past president of the Alabama
Trial Lawyers Association. The six-volume work
was introduced at the national convention of the
Association of Trial Lawyers of America in San
Francisco. A book-signing and reception for Mr.
Cusimano and the authors were hosted by the publisher.
¸
TOP
Pharmacy Errors
No
one really knows how many patients receive incorrectly
dispensed prescriptions annually. However, what
is known is that:
- In
2002, researchers found medication errors in
one in five doses administered in 36 health-care
facilities in two states.
- The
Institute of Medicine reports that hospitals
alone are responsible for medication errors
that cost more than $2 billion annually.
- More
than 7,000 patients died from medication mistakes
in 1993, up from just under 3,000 deaths in
1983, according to a university study.
The
health-care industry has embarked on improving
medication dispensing by appointing pharmacists
to hospital treatment teams and using computerization
to verify prescriptions, doses, and timing.
Patients
can take an active role in making sure they get
the right prescriptions. When picking up any medical
prescription:
- Ask
the pharmacist to verify that the prescribed
medication has been dispensed for the medical
condition it will control.
- Confirm
the correct manufacturer, form, quantity, strength,
and use schedule.
- Question
the physician or pharmacist about potential
side effects.
- Carefully
read all accompanying literature to obtain effective
treatment.
- Comply
with all directions.
- Check
with the physician if there are any questions.
A
misfiled prescription
Verify
medication correctness with every refill. A diabetic
woman who had taken a blood pressure-reducing
medication for years was mistakenly given tablets
with twice the dosage that the pharmacy's label
indicated. After taking an increased dosage for
several weeks, she suffered severe reactions and
required hospitalization. Although her daughter
discovered the medication error and the patient
resumed normal dosages, she suffered a fatal heart
attack. Her son and daughter sued on behalf of
her estate, alleging the pharmacy was negligent
and caused wrongful death by misfilling a prescription.
Upon retrial, a jury awarded damages. ¸
TOP
Workplace violence
Violence
in the American workplace is becoming increasingly
common. The following chart illustrates types
of violent crimes committed in factories, businesses,
and retail stores.
Despite
what the mass media report, employees at some
workplaces are more prone to violence than others.
Workplace
crime takes its toll among workers in the form
of injury, mental anguish, and even death. Victims'
recourse is usually Workers' Compensation. However,
in some cases, employees can seek legal remedy
through premises liability, negligent or inadequate
security, or from third parties, such as unions.
franchisors, or security firms.
The employment manual
The
estate of a deceased worker brutally murdered
at a steel mill sued for damages. The plaintiff's
lawyer won the estate's breach-of-duty-to-provide-employee-security
case by using the company employee handbook. The
manual stated that the employer would maintain
a trained, responsive security force that would
keep uninvited individuals-like those who committed
the murder-away from the premises. ¸
TOP
Pregnancy discrimination
Several
key laws, including Title VII of the Civil Rights
Act of 1964 and an amendment, the Pregnancy Discrimination
Act, require employers who hire 15 or more workers
to treat pregnant women the same as other applicants
or employees affected with similar abilities or
limitations.
Q:
Can an employer refuse to hire a pregnant woman?
A:
No. As long as she can perform her job's tasks,
an employer cannot refuse to hire a woman because
of her pregnancy or pregnancy-related condition.
Q:
What if a woman is temporarily unable to do her
work because of pregnancy?
A:
The employer must treat her as it would any other
temporarily disabled employee by adjusting job
tasks, reassigning other available work tasks.
or granting disability leave or leave without
pay.
Q:
Must an employer grant maternity leave?
A:
Yes Employees hav:e the right to ask for voluntary
leave for pregnancy, childbirth, and parenting
under a company's short-term disability plan or
the Family and Medical Leave Act.
Q:
How does pregnancy and maternity leave affect
other employee benefits?
A:
Employers must treat employees who have pregnancy-related
disabilities identically to other temporarily
disabled employees for salary increases, accrued
vacation, seniority, and other benefits.
Q:
How long does an employer have to hold a job for
a woman on pregnancy leave?
A:
The same length of time as it holds jobs open
for other employees on sick or disability leave.
¸
TOP
Oral vs. written contracts
For
many people, their word is their bond in business
transactions or personal deals. So a lot of buying,
selling, and bartering is accomplished through
oral contracts, which are earnest and mutual promises
to do things.
Usually,
these kinds of contracts are pledges to provide
products or services for money. They are legally
enforceable in court if either party, such as
a business and a customer, cannot agree that the
terms or conditions of the contract were met.
Oral
contracts are subject to many misunderstandings.
Language confusion is one. "I'll have it ready
for you Friday" may mean "this Friday" or "a week
from this Friday." Hearing problems can also mix
up results. "Part 6D" can be heard as "Part 60."
Physicians' poor handwriting has always put them,
and pharmacists, at risk for prescription errors.
It's almost always best for anyone involved in
a personal or commercial arrangement to document
all oral contracts with simple memos or e-mails.
That gives everyone a record of the offer to do
something, when it should be done, the acceptance
agreement, and the consideration-the money or
other value-to be exchanged in the transaction.
Problems
with oral contracts should be discussed with an
attorney. ¸
TOP
Credit-report errors
Any
consumer who wants to obtain a credit card, secure
a loan such as a mortgage, or conduct most kinds
of business needs to have an acceptable credit
rating.
Three
major agencies-Equifax, Experian, and Trans Union-compile
individual consumer credit data and provide almost
all of the credit-reporting services used by businesses,
lenders, and anyone else investigating a person's
credit quality.
Most
credit reports issued by these companies have
four parts:
Identifying information, such as name, address,
Social Security number, date of birth, and other
basics consumers provide when they apply for credit.
Credit
information on accounts, including creditor names,
dates accounts were opened, credit limits, debt,
payment patterns, and other data from companies
consumers do business with.
Public
record details feature bankruptcy and court records,
financial judgments, tax liens, and other information
from public sources.
Inquiries
identify anyone who has asked for a consumer's
credit report. ¸
When agencies err
After
information appears in a credit report, it can
be difficult to change-even if it's incorrect.
A study of more than 100 credit reports found
that nearly a third contained serious errors that
could have jeopardized getting a car loan, mortgage,
or employment.
Litigation
has increased over the past several years, and
a fairly recent case shows how consumers can fight
for their rights. An Oregon woman continually
asked Trans Union to remove inaccuracies from
her credit report for six years. She sued the
agency after she was unfairly denied a mortgage.
Her attorney won her the largest-ever award under
the Fair Credit Reporting Act; her award included
compensatory and punitive damages.
Anyone
facing serious credit-reporting problems should
obtain legal counsel. ¸
TOP
Protect your family
Here
are some basic and enhanced auto insurance coverages
to talk to your auto insurance agent about.
Uninsured
motorist coverage protects you when another driver
at fault in an automobile collision has no insurance
at all. It covers lost wages, medical costs, and
other expenses associated with serious injuries.
Underinsured
motorist coverage safeguards you if you are injured
by a careless driver who has only minimal insurance.
Since uninsured motorist coverage doesn't apply,
the other driver's minimal liability policy may
not cover injuries you suffer. Your own policy
may not cover injuries, either.
Coverage
"stacking" can help if your household insures
more than one car. Stacking increases uninsured/underinsured
motorist limits based on the number of autos covered.
If you purchase $100,000/$200,000 coverage and
insure two cars, stacked limits equal $200,000/$400,000.
Add
a wage-loss benefit. If your insurance company
doesn't provide a wage-loss benefit, request it.
Although many carriers cap benefits at 80 percent,
some insurance carriers offer additional wage-loss
expense enhancements.
Increase
medical expense to obtain additional coverage
for larger medical bills in case of serious injury.
Many policies place a limit of $10,000 for medical
expenses, but that may not be adequate. Health-insurance
coverages have large deductibles for serious injury,
and auto insurance medical coverage may pay for
chiropractic or other specialized medical treatment
excluded by health insurance.
Purchase
more bodily injury insurance. The customary $20,000
minimum coverage may not protect you if you are
sued for causing a collision in which someone
else is seriously injured. Bodily injury coverage
can protect your home, cars, and other assets.
¸
TOP
Gewin Award presented to Roberts
Michael
L. Roberts was recently honored with the Gewin
Award by the Alabama Bar Institute for Continuing
Legal Education (ABICLE). This annual award is
named for Judge Walter P. Gewin, who, as president
of the Alabama State Bar, helped start ABICLE
as a cooperative effort between the University
of Alabama School of Law and the Alabama State
Bar.
Steven
C. Emens, Associate Dean and Director of ABICLE,
informed Mike that he was the unanimous choice
to receive this year's Gewin Award. Steve said,
"Your ongoing contributions to continuing legal
education over many years reflect the very highest
ideals of our profession ... your unfailing generosity
in sharing your time and expertise with other
lawyers has contributed in a very real way to
the overall quality of legal education in Alabama."
The
award was presented in July at the Alabama State
Bar meeting in Mobile. ¸
Commanding the Courtroom video
series by Greg Cusimano and Jim Lees
An
educational convenience learning video series
was recently released by the Association of Trial
Lawyers of America. The five-part Commanding the
Courtroom series features ATLA trial lawyers Gregory
S. Cusimano along with West Virginia attorney
Jim Lees.
This
comprehensive presentation is designed for all
levels of trial experience and shares hundreds
of tips, insights, and hands-on demonstrations
of compelling litigation techniques. Cusimano
and Lees rely on their more than 50 years of combined
trial experience as they share more than five
hours of dynamic, practical, and insightful instruction
that will be beneficial to attorneys and clients
across the country.
TOP
|
