Thursday, December 17, 2009
WHAT IS A PATIENT NAVIGATOR
Patient Navigators help people "navigate" the maze of doctor's visits, diagnostic testing, visits to the hospital, outpatient centers, insurance and payment issues, and other components of healthcare. For example, a patient navigator may coordinate your doctors' visits, maintain telephone contact between you and your physicians, arrange for transportation and assist with insurance paperwork. Patient Navigators are former nurses, social workers, or community health workers.
Admittedly, I only recently learned of this service. However, it makes sense: conceivably millions of people are not adept at all of the issues one faces in today's healthcare world. For example, one may be undaunted at arranging his or her medical appointments, but becomes easily flustered dealing with insurance or Medicare paperwork. Another individual may be in a nursing home and needs transportation. Yet many others do not know what to ask their doctor during a visit and even become embarrassed, feeling that they are taking up too much time of their physician.
If you feel that this type of service can help you, but do not know where to turn, I would simply Google the phrase "Patient Navigator" to learn more. I also became aware of a particular website which may be helpful: http://www.patientnavigator.com/. While I cannot vouch for this website, it may be a good place to start.
Attorney Doug Stoehr is interested in healthcare problems and is concerned about individuals who become injured through no fault of their own. Contact our office if you should have any questions or concerns.
Attorney Doug Stoehr
Saturday, December 12, 2009
What is a problem with tort reform in the medical malpractice arena? Part II
Attorney Douglas V. Stoehr seeks justice for our injured clients, not political correctness according to some insurance companies idea of that concept. In doing so, we professionally and diligently represent honest individuals in their unfortunate injury claims resulting from the careless acts of others. When you come to us for help, you can expect integrity on our part, respect and dedication to your cause.
Friday, December 11, 2009
What is a problem with tort reform in the medical malpractice arena?
-Placing caps on jury damage awards merely injures the victim a second time.
-Attorney Douglas V. Stoehr believes that the best way to control medical malpractice is to develop medical practices that reduce or prevent medical errors and malpractice that carelessly cost tens of thousands of lives each year.
Friday, December 4, 2009
Pain Management Resources
American Diabetes Association - www.diabetes.org
American Fibromyalgia Syndrome Association - www.afsafund.org
American Geriatrics Society - www.americangeriatricssociety.org
American RSDHope - www.RSDHope.org
American Society of Law, Medicine and Ethics - www.aslme.org
Amputee Coalition of America - www.amputee-coalition.org
Arthritis Foundation - www.arthritis.org
Association of Oncology Social Work - www.aosw.org
Band Against MS-Clay Walker - www.bandagainstms.org
Consortium for Citizens with Disabilities - www.c-c-d.org
Dia de la Mujer Latina, Inc. - www.diadelmujerlatina.org
Disability Advocates of America - www.disability-advocate.com
Disabled American Veterans - www.dav.org
Ehler-Danlos National Foundation (connective tissue disorder) - www.ednf.org
For Grace - www.forgrace.org
Lupus Foundation of America, Inc. - www.lupus.org
Myasthenia Gravis Foundation of America - www.myasthenia.org
National Fibromyalgia Association - www.fmaware.org
National Association of Area Agencies on Aging - www.n4a.org
National Headache Association - www.headaches.org
The National Migraine Association - www.migraines.org
National Multiple Sclerosis Society - www.nationalmssociety.org
National Organization for Rare Disorders - www.rarediseases.org
National Palliative Care Research Center - www.nprc.org
National Stroke Association - www.stroke.org
National Womens Health Resource Center - www.healthywomen;org
Patient Advocate Foundation - www.patientadvocate.org
Reflex Sympathetic Dystrophy Syndrome Association - www.rsds.org
Sickle Cell Disease - www.sicklecelldisease.org
United States Bone and Joint Decade - www.usbjd.org
At Stoehr & Smith, LLC, we are interested in issues regarding pain and pain management. Feel free to contact our office if you would like to discuss any pain problem brought about because of an accident or injury.
Attorney Doug Stoehr
Tuesday, November 24, 2009
WARNING: SOCIAL NETWORKING CAN BE HARMFUL TO YOUR CLAIM
That cute, affable guy who brags of his drunken exploits on FaceBook.com may be meeting a lot of other partiers online, but he's probably not getting added to the "friends" lists of many corporate recruiters. A recent study by the executive search firm ExecuNet found that 77 percent of recruiters run searches of candidates on the Web to screen applicants; 35 percent of these same recruiters say they've eliminated a candidate based on the information they uncovered.
This same warning applies as seriously and with as potentially dangerous consequences to personal injury claims. Over the course of the last few years, numerous insurance adjusters to whom I have spoken have come up with information on individuals involved in some capacity on injury claims (usually parties or witnesses) that I would have never expected them to know in the past and which has prompted me to ask "HOW IN THE WORLD DO YOU KNOW THAT?". Increasingly I discover that they have found out information that discredits someone's story or potentially lessens their credibility from public posts that are found on social networks such as My Space, Facebook, Twitter and the numerous other sites where we can be lulled into a false sense of privacy or security. I am now CONVINCED that most if not all insurance companies are scanning social network posts in order to see whether there might be something available to use in discrediting (often times unfairly) someone who is asserting a personal injury claim. NOW is the recommended time to recognize that everything placed on these social networking sites is really PUBLIC.
EVEN IF you try to protect your sites from what my kids call "creepers" (those persons trying to look into your site content for the purpose of either being nosey or to possibly use the content against you) by setting the security on private so that only your "friends" can see everything, please remember that any so-called friend can use what you have made private to turn it into something public for the world to see. Therefore, for example, innocent comments made on a social network by someone who has been injured that pertain to involvement or participation in physical endeavors, even if you are innocently watching, can be taken out of context and used to give rise to questions about whether the speaker has in fact been injured to the extent claimed or whether their injuries really prevent them from doing what they are actually unable to do. I believe that most injured people would prefer to put a positive spin on things and let on to their acquaintances that they are doing better than how they are actually doing. It is human nature for most people to not want to be perceived as a whiner, so one with a "tough it out attitude" might instead err on overstating what they are able to do or not accurately detailing all of what they are not able to do. I am not being critical of a "tough it out attitude"; instead I am only waiving a big warning about how this attitude can get an injured victim in trouble if he publishes an overly favorable account of his condition on a social network post.
BEST PRACTICE: keep the facts of your claim and your medical condition off of the internet and out of social network posts. KEEP YOUR INJURY CLAIM PRIVATE AMONG ONLY YOU AND YOUR DOCTORS, ATTORNEY AND TRUSTED LOVED ONES....no one else. Too much can be twisted and distorted too easily when it comes to the use of social networking posts, thereby making social networking about your personal injury claim or about your endeavors during the pendency of your personal injury claim as dangerous as the indiscriminate job searcher who posts things that are most distasteful to future employers.
At Stoehr & Smith, LLC, it is our pledge to protect your privacy WHILE PROTECTING YOUR RIGHTS WHEN REPRESENTING YOU IN A PERSONAL INJURY CLAIM, so as to work toward concluding your claim in A MOST FAVORABLE MANNER that gives credit to the truth and accuracy of the consequences of your injuries and damages!
Attorney Nat Smith natsmith@stoehrsmithlaw.com
Monday, November 16, 2009
What can I say to the therapist or nurse if my case is in litigation?
Despite the above, you must be careful how you choose your words. For example, you were hurt in an automobile accident 5 months ago. Recently you experienced a weekend of less pain than typical. However, you know that you are far from being healed. Yet the therapist asks you on Monday morning about your weekend. You said that you felt better with less pain, merely being forthright and trying to keep a positive attitude. However, the therapist records in your notes "Patient improved, less pain, reports that his weekend went well. Will continue with modalities. Expect full improvement." Obviously you did say you were feeling better but you were only making a comparison of the past weekend to the previous five months. You certainly did not mean to imply that all was better with your injury. However, someone reading this note could certainly infer this, especially a claims adjuster or insurance defense attorney.
Here are some tips if you are treating regularly for your accident-related injuries:
1. Always be HONEST. Never exaggerate any complaints of pain yet do not minimize your complaints, either. For example, if you say something such as "Oh, I guess I am doing better," this will be interpreted to mean that you are literally improving. In reality, you may be hurting more than ever but you do not want to be a complainer. Go ahead and complain but, just do not exaggerate.
2. Be careful of developing a friendship with your therapist or nurse. This may cause you to become too comfortable with what you say. For example, you may casually say that you watched the football game on Sunday with some friends and had a couple of beers. However, it is likely that your medical record will state "Patient reports no change in her condition. Drank beer over the weekend." Although there may be nothing wrong with enjoying a brew, do you really want this in your medical records?
3. The goal of the healthcare professional is to help you improve. This is admirable, we want this from our healthcare professionals. However, an overzealous healthcare professional may use any opportunity to increase his batting average. Thus, unless you truly are improving and have no doubt that you will be 100%, do not give anyone ammunition to state in your records you are healed if this is not accurate.
Simply put, it may be better to state "I see some improvement but not enough" or "I still hurt a lot but the last couple of days seem somewhat better," if this is actually the case. Remember, your words will be recorded literally and, at times, stated inaccurately. Thus, like all of life's situations, be careful what you say and how you say it. If you are careful, you will not have to worry about something being taken out of its proper context. Attorney Doug Stoehr
Tuesday, November 10, 2009
Who is the most important person in health care reform: YOU!
At Stoehr and Smith,LLC. we can provide free advice and help if you believe that a family member or acquaintance has been the victim of carelessness or negligence while a patient in a nursing home facility; please feel free to give us a CALL today.
Attorney Nat Smith
Friday, November 6, 2009
Helping the Chronically Ill Patient
Although I am relatively young (51) I know the affects of chronic pain. I am a chronic pain sufferer. Unfortunately, this means that a part of my life is consumed by a medication schedule, visits to the doctor, therapy or another surgery.
Therefore, if you know someone who suffers from chronic pain, please improve your relationship by communicating better and being patient. Here are some ways to better understand the chronically ill patient:
1. When you take a moment to ask the sufferer how she is doing, find out how she is doing emotionally, not just physically. This makes the sufferer feel that you really do care. Somehow it makes the day more bearable.
2. Remember what it is like to suffer pain for a few days, even one day. Then think about the person who you know that suffers each and every day, if only for part of the day.
3. Remember the adage, do not criticize or be judgmental unless you have walked a mile in the other's shoes. If you keep this in mind and become patient, the sufferer really appreciates your interest and concern. However, be sincere. Those suffering with chronic pain can see through an insincere remark or gesture in a heartbeat.
4. Remember: The chronic sufferer did not choose to be in this position. The sufferer has been dealt a bad hand, so to speak. Chronic pain can be depressing, and at times, debilitating. At the very least, it is challenging. Therefore, take the time to better understand the condition or illness that the other suffers so you will better understand treatment options, therapies, and medications.
5. Speaking of medications, the chronically ill person is not an addict. Do not be judgmental or critical if the sufferer shares with you the types of medications she is taking. Remember, the medications, if properly prescribed, are helping the sufferer cope and get through the day.
6. Do not be embarrassed to ask, "Can I pray for you?" The sufferer will be very thankful for your offer, and it may be the first time someone has ever offered to pray for her.
Coping with chronic pain is very difficult. Do you best to understand, be patient, and learn more about the sufferer's condition. To learn more about the types of injuries for which we represent people at Stoehr & Smith, LLC, see our website at www.stoehrsmithlaw.com.
Attorney Doug Stoehr
Friday, October 30, 2009
PROTECT THOSE WHO CANNOT PROTECT THEMSELVES
Don't take shortcuts and don't make the mistake of favoring your convenience over your child's safety. Play it safe and protect your greatest treasures!
Nat Smith
Wednesday, October 28, 2009
The most famous case in American History---it might be the McDonald's coffee spill case
Do you want to know the real facts of the McDonald's coffee case? For now, please take a look at the fact sheet compiled by the American Association for Justice (formerly known as the American Trial Lawyers Association) as found set forth below. Otherwise, keep you eye out for the eventual release of "HOT COFFEE: Is Justice being Served?".
My point today is that we can't allow ourselves to believe and be mislead by the prevalent attacks on the civil justice system and Plaintiff -victims that we read and hear through the media. We need to step back and investigate to make certain that the facts which form the basis of any campaign against the civil justice system are true and accurate. We owe that to ourselves in order to do our best to make sure that justice is not being attacked by fiction but instead is being preserved by truth.
FYI: Here are the real facts of the McDonald's coffee case:
There is a lot of hype about the McDonalds' scalding coffee case. No one is in favor of frivolous cases of outlandish results; however, it is important to understand some points that were not reported in most of the stories about the case. McDonalds coffee was not only hot, it was scalding -- capable of almost instantaneous destruction of skin, flesh and muscle. Here's the whole story. Stella Liebeck of Albuquerque, New Mexico, was in the passenger seat of her grandson's car when she was severely burned by McDonalds' coffee inFebruary 1992. Liebeck, 79 at the time, ordered coffee that was served in a styrofoam cup at the drivethrough window of a local McDonalds.After receiving the order, the grandson pulled his car forward and stopped momentarily so that Liebeck could add cream and sugar to her coffee. (Critics of civil justice, who have pounced on this case, often charge that Liebeck was driving the car or that the vehicle was in motion when she spilled the coffee; neither is true.) Liebeck placed the cup between her knees and attempted to remove the plastic lid from the cup. As she removed the lid, the entire contents of the cup spilledinto her lap.
The sweatpants Liebeck was wearing absorbed the coffee and held it next to her skin. A vascular surgeon determined that Liebeck suffered full thickness burns (or third-degree burns) over 6 percent of her body,including her inner thighs, perineum, buttocks, and genital and groin areas. She was hospitalized for eight days, during which time she underwent skin grafting. Liebeck, who also underwent debridement treatments, sought to settle her claim for $20,000, but McDonalds refused.During discovery, McDonalds produced documents showing more than 700claims by people burned by its coffee between 1982 and 1992. Some claims involved third-degree burns substantially similar to Liebecks. Thish istory documented McDonalds' knowledge about the extent and nature ofthis hazard. McDonalds also said during discovery that, based on a consultantsadvice, it held its coffee at between 180 and 190 degrees fahrenheit to maintain optimum taste. He admitted that he had not evaluated the safety ramifications at this temperature. Other establishments sellcoffee at substantially lower temperatures, and coffee served at home isgenerally 135 to 140 degrees.Further, McDonalds' quality assurance manager testified that the company actively enforces a requirement that coffee be held in the pot at 185 degrees, plus or minus five degrees. He also testified that a burn hazard exists with any food substance served at 140 degrees or above, and that McDonalds coffee, at the temperature at which it was poured into styrofoam cups, was not fit for consumption because it would burn the mouth and throat. The quality assurance manager admitted that burns would occur, but testified that McDonalds had no intention of reducing the "holding temperature" of its coffee.Plaintiffs' expert, a scholar in thermodynamics applied to human skinburns, testified that liquids, at 180 degrees, will cause a fullthickness burn to human skin in two to seven seconds. Other testimony showed that as the temperature decreases toward 155 degrees, the extent of the burn relative to that temperature decreases exponentially. Thus, if Liebeck's spill had involved coffee at 155 degrees, the liquid would have cooled and given her time to avoid a serious burn.McDonalds asserted that customers buy coffee on their way to work orhome, intending to consume it there. However, the companys own research showed that customers intend to consume the coffee immediately while driving. McDonalds also argued that consumers know coffee is hot and that its customers want it that way. The company admitted its customers were unaware that they could suffer third degree burns from the coffee andthat a statement on the side of the cup was not a "warning" but a"reminder" since the location of the writing would not warn customers of the hazard.The jury awarded Liebeck $200,000 in compensatory damages. This amountwas reduced to $160,000 because the jury found Liebeck 20 percent at fault in the spill. The jury also awarded Liebeck $2.7 million inpunitive damages, which equals about two days of McDonalds' coffeesales. Post-verdict investigation found that the temperature of coffee at the local Albuquerque McDonalds had dropped to 158 degrees fahrenheit. The trial court subsequently reduced the punitive award to $480,000 --or three times compensatory damages -- even though the judge calledMcDonalds' conduct reckless, callous and willful.No one will ever know the final ending to this case.The parties eventually entered into a secret settlement which has neverbeen revealed to the public, despite the fact that this was a public case, litigated in public and subjected to extensive media reporting. Such secret settlements, after public trials, should not be condoned.-----excerpted from ATLA fact sheet. © 1995,
Nat Smith
Thursday, October 22, 2009
Are you prepared for an accident?
1. Call the police in any instance if there is bodily injury, severe damage to your car, or the other driver refuses to show you their driver's license and insurance card, or is uninsured.
2. Definitely call the police and your insurance company if involved in a hit-and-run or if you are forced off the road by a vehicle or animal.
3.Keep an inexpensive camera in your car; a cell phone with a camera will do. Just remember to take the photos.
4.Secure the name and phone number of any witnesses, if possible.
5. Obviously exchange contact info with the other driver if no police investigation. Again, have the other driver show you their insurance card and driver's license. If they refuse, call the police.
6. Stress and adrenaline usually kick in. Thus, while you may not feel that you are injured, do not refuse medical treatment at the scene if available. Go to the emergency room if anything feels wrong. Do not be surprised if you do not perceive any injuries while at the scene but you experience pain once you get home or the next few days.
7. Check your car(s) NOW to make sure that you have your own insurance and registration info handy. Do not assume that you have a pen and paper in the car, place it there NOW.
Attorney Doug Stoehr
Monday, October 19, 2009
Insurance tip for the week
TIP: discuss this thoroughly with your agent. Do not assume that the agent will cover this in detail and, remember, the agent works for the insurance company, not you. If you already have limited tort, it is not too late to change. Merely call your agent and ask that a form be sent to you. Call us if you have any questions. we are here to help even if you do not have an injury claim right now. Remember, our attorneys used to work for the "other side". Let Stoehr & Smith work for you now. Attorney Doug Stoehr
Thursday, October 15, 2009
Winter is just around the bend....maybe tonight
Here are some great internet resources that you can read in order to get ready for what will quickly be upon us- the beautiful, but sometimes treacherous months of winter:
www.bt.cdc.gov/disasters/winter/pdf/cold_guide.pdf
and
http://www.bt.cdc.gov/disasters/winter/guide.asp
U.S. Department of Health And Human Services
Centers for Disease Control and Prevention
www.osha.gov/SLTC/emergencypreparedness/guides/winterstorms.html
U.S. Department of Labor
www.kidsource.com/safety/winter.safety.cold.html
Kidsource Online
http://www.aap.org/advocacy/releases/decwintertips.cfm
American Academy of Pediatrics
These resources discuss winter safety for young and old, at home and away, and at work and at play. Please prepare NOW so that you increase your chances of making it through the winter safely. While we are here at Stoehr & Smith, LLC, to help you when home, work, on the road and on foot accidents cause harm to you and your family, we would first prefer that your safety is protected as much as possible throughout the upcoming winter months.
Wishing you warm and safe travels!
Nat Smith
Wednesday, October 14, 2009
REASONS TO HIRE A LOCAL ATTORNEY
We strongly believe that hiring a local attorney is almost always better – IF there is a good local attorney experienced with your type of case.
Why do we think this? The most immediate reasons are as follows:
-We are much more convenient to meet/more accessible.
-We know the local judges and lawyers.
-We are familiar with local court personnel and the quirks of getting things done in local courts.
-We know the insurance adjusters who handle cases in your area.
-We are familiar with area doctors and their medical staff – from whom cooperation is critically important.
-We know the local police and investigators who can be crucial to an accident investigation.
-We understand the local roads, the local bars and the local witnesses. They frequently have general background information that can assist us in understanding your case.
-We are NOT “in cahoots” with opposing counsel or insurance adjusters. We are in business to get as much money for our clients as possible. By doing so, we also benefit since we are paid on the basis of what we recover for you.
We feel our knowledge of local opponents (and their knowledge of us) helps us do BETTER for our clients. We know who can be trusted, and who shouldn’t be. In other words, the local knowledge HELPS.
We feel that accessibility to your attorney is the most important aspect of the connection that you should have with your attorney. Over the years, we have spoken with so many people who complain that they are never able to get in touch with their attorney. While you may not be able to contact your attorney at the moment each time you call his or her office, it is not unreasonable to expect that your attorney will attempt to respond to your call as immediately as when they are able to do so. It is also favorable at times to be able to see your attorney in person without having to wait for an out of town attorney to find a free day to travel to see you or to require that you travel a long distance to come to see them.
With all that said, we encourage you to stay local and contact STOEHR & SMITH, LLC., first when you or someone you know needs any of our available free legal advice and/or representation from a personal injury attorney.
Nat Smith