St. Cloud Personal Injury Lawyer - Medical Bills

20-year-old Eagan Woman Killed By Passing Car In St. Paul

Mike Bryant — Sun, 15 Nov 2009 23:18:40 GMT

Monday night, a 20 year old woman from Eagan was stepping on to W 7th street in St Paul when she was stuck and killed by a passing car. Sympathy goes out for all of those involved. Cause was still being determined by the St Paul Police.

A number of Injuryboard members have discussed pedestrian accidents and the issues that are often involved.

As with any death in a Minnesota motor vehicle collision, there are a number of issues that will need to be reviewed. My partner, Joe Crumley, addressed this topic in a recent article for the Minnesota Lawyers Trial magazine. I was interviewed last year on the same topic. In all of these cases sorrow for the families of those involved goes out.

Originally posted at InjuryBoard by Mike Bryant

New Mother Killed While Walking Her Daughter

Mike Bryant — Sun, 20 Sep 2009 17:42:00 GMT

Tragic news of a young mother, that was hit and killed while she was out for a walk with her 3-month-old daughter. The child was in a stroller and was unhurt. The vehicle that hit her was traveling on a Oakdale residential street. The story talks about how the mother was able to push her child out of harm as her last act. Sympathy goes out for all of those involved. Cause was still being determined by the State Patrol. They apparently are looking into whether the teen driver was texting or talking on a phone at the time of the death.

A number of Injuryboard members have discussed pedestrian accidents and the issues with with children that have been involved. Not that long ago, I wrote about the grandmother that was killed in a incident a lot like this one.

Originally posted at InjuryBoard by Mike Bryant

Wisconsin Going In The Right Direction On Auto Insurance

Mike Bryant — Thu, 10 Sep 2009 09:33:00 GMT

It is amazing how often clients who return after a second automobile collision have additional automobile insurance coverage the second time. The first one taught them how important it is to stack their coverages and to buy enough to protect their family. It's one of those long term benefits that insurance companies never seem to admit. I'm sorry that they were hurt again, honored that they would seek our help again, and heartened that they learned and protected themselves.

It was nice to read that Wisconsin helped the first time insurance consumer:

They eliminated reducing clauses, so that insurance companies can no longer deduct the amount of insurance carried by a negligent driver from the uninsured or underinsured coverage purchased by an injured policyholder, allowing policy holders to access the full amount of insurance they have purchased.
Mandated that drivers purchase auto liability insurance
Increased minimum limits to require that polices must cover “$50,000 because of bodily injury to or death of one person in any one accident and, subject to such limit for one person, $100,000 because of bodily injury to or death of two or more persons in any one accident, and $15,000 because of injury to or destruction of property of others in any one accident.
Required all liability policies to include underinsured motorist coverage with limits of $100,000 per person and $300,000 per accident.
Required that the holder of an umbrella or excess liability policy reject in writing an offer of underinsured and uninsured coverage.
Insurance companies will no longer be able to deny coverage for hit-and-run accidents because no physical contact occurred.

There is a lot of great coverages here that will protect all Wisconsin drivers. Hopefully, legislators in Minnesota will be looking this bill over. Each of these provisions would make for greater coverages for Minnesotans if they were added.

Originally posted at InjuryBoard by Mike Bryant

Howard Dean Has Always Supported "Tort Reform"

Mike Bryant — Thu, 27 Aug 2009 11:49:27 GMT

What a day of gotcha statements by the voices of big business and the health insurance companies. They are all excited about Howard Dean's statement at a town meeting that so-called "tort reform" isn't going to be in the health insurance bill. This should be no surprise to anyone that has listened to Dean over time or to anyone that has looked at the issue with any honesty. The thing is, all of these voices of the opposition don't care about the truth, they just want to continue to beat the drums and keep pushing health care reform (and Obama)toward a political Waterloo.

Let's look at what Dean said. Basically, he said that the author of the bill wouldn't allow tort reform in, and blamed it on the political influence of the trial lawyers. Well, if he was an unbiased person that didn't support tort reform anyway, you might be able to see that as a some great revelation. But this really isn't much different than a number of things he's said in the past. Sure, he has toned it down at times, but the reality is that Howard Dean has always favored limiting patient's access to the courts, aka "tort reform."

The reason that tort reform isn't in the bill is because it is such a small part of the system. Liability and malpractice costs are a tiny splinter of overall medical and health insurance costs. There are so many other places where health care can be significantly reformed that can make a huge cost difference, but health insurance companies might lose money. So the Right takes a page from the old Bush/Rove hymnal .... Let's all turn to page 362 and sing, "Attack the Trial Lawyers."

Now if we looked at a state such as Minnesota which has expert affidavits and meaningful statutes of limitations, there's a starting point for an honest discussion about what can be done nationally. As always, there are issues with state rights that need to be considered. But with Minnesota's low number of filings and low malpractice premiums, those seem like better ways to look vs. arbitrary caps that steal the individual's constitutional rights.

There are a number of great posts here at the Injuryboard talking about defensive medicine and who really profits from that. Also discussions about how Texas is now filling up with questionable doctors that because of the cost benefit analysis that is being used to limit the liability of unsafe medicine. It is time for a real discussion about making health insurance work for everyone. Time to stop the partisan garbage and move this along for the consumer.

Originally posted at InjuryBoard by Mike Bryant

How Exactly Does Your Insurance Company Lower Your Rates?

Mike Bryant — Sat, 22 Aug 2009 11:47:52 GMT

Here at the Injury Board, we have for a long time been writing about how, through a process of delay and defend, insurance companies have been working to reduce their costs. It does seem interesting, that over time those costs seem to be eaten up by eventual litigation and commonsense juries.

The latest growing area for reducing rates is to give you less coverage. It is amazing how many new exceptions, exclusions, and downright deceptions we are now seeing in insurance policies. It again points out how vital a good knowledgeable agent is to you when you buy your policy. Now, if you never use your policy, and all you do is pay premiums, then the lowest price always makes sense economically. The problem is, when you do need to use it, you need to make sure you have the coverages you bought. It is important that you make sure your underinsured motorist (UIM) coverage provides you coverage in every situation and that there are no work, family, or other crazy exclusions which can prevent you from getting the coverage you purchased.

If you buy collision coverage, make sure that it does not give the company the right to use secondhand parts. Make sure it allows you to go to the repair shop of your choice. Make sure it gives you the coverage that you are asking for.

With your no-fault coverage (which provides for medical, wage loss, and replacement services), make sure it does not have deductibles. Make sure that it is enough wage loss to protect you if you need it. Also, make sure that you have stacking if you have multiple cars on the policy. This will double your benefits at a very small additional price.

It seems clear that these companies that are selling insurance over the internet and through brokers are really saving you money by providing you less coverage. It is only through looking at your policy, and considering these issues, that you can ensure you have the protection you need and paid for.

Originally posted at InjuryBoard by Mike Bryant

Your Medical Provider Can Not Use HIPPA To Keep You From Your Records

Mike Bryant — Sat, 15 Aug 2009 09:45:00 GMT

The new HIPPA rules were brought in with all types of hulla ballou about all of the lawsuits and problems that they would bring. Basically, the idea was that the medical providers couldn't just share your personal information any way they choose. I am often struck with how often the disclosures are really common sense. Also how the violations are often simply wrong things that a third grader would find issues with.

Unfortunately, whether it's bad advice, attempts to hide the truth, or just simple laziness, some providers are incorrectly citing the law to stop patients from getting their own records. Under federal law or HIPAA (Health Insurance Portability and Accountability Act) consumers have the right to access records documenting their health conditions, diagnoses and treatments.

The law, often control by state statute, provided for set fees for locating, photocopying, and for making records available. HIPPA also requires providers to give patients the information they ask for in the format they request. Nowhere in the law is the shield that some providers attempt to create.

There are specific requirements for release to third parties. At our firm, we have about 20 different forms that we use, which vary by the provider. There are limited forms that we provide for the defense, that never allow them to talk to the doctors. It's one of the many areas where unrepresented individuals are taken advantage of. Unfettered access to medical providers has ruined many legitimate cases. Remember , often the provider is looking to get paid and the insurance companies are working to reduce their exposure.

Originally posted at InjuryBoard by Mike Bryant

Minnesota Should Start Checking For Auto Insurance Again

Mike Bryant — Thu, 13 Aug 2009 09:41:00 GMT

For years when you went to buy your tabs, the Minnesota Department of Motor Vehicles would check to see if you had car insurance. Basically, you would bring your insurance card in and they would sell you the tabs. I'm sure people lied, used others insurance , or figured out some way around the law. But, the reality is that most people produced the necessary proof. If nothing else, it reminded people each year about the coverage.

But, for some reason the department stopped checking. It may have been claimed as some sort of budget cutting savings, but with as little that went into checking, I simply don't see where the saving are. It's time that this issue got remedied and we went back to the old successful way of checking.

If nothing else, it would be worth at least looking at Arizona's recent law changes. In state, if a person has three times been convicted of not having insurance, they can't get a drivers license, registration, or license plates without proof of insurance. While this seems a little late in the process to check, it is at least something helpful.

It is important to have coverages , not only to protect yourself from liability, but also to provide No Fault, Underinsurance, and Uninsured coverage for yourself. With the cost to society when people don't have coverage, it seems like a good remedy is early checks.

Originally posted at InjuryBoard by Mike Bryant

Dead By Mistake: Must Read For All Consumers.

Mike Bryant — Mon, 10 Aug 2009 08:51:53 GMT

Every one is going to get sick. Hopefully, not sick enough to be hospitalized. But, we all need hospitals for our family or friends at different times in our lives. The "Dead By Mistake" series of articles from the Hearst newspapers is an important piece of journalism that everyone should read and know about.

10 years ago, a national study looked at the number of deaths and adverse incidents in America's hospitals, and the totals were shocking. Reporting agencies were set up to track the problems an help to prevent them. Since that time:

States hospitals are not making the reports
The number of hospital deaths have grown
The number of people who have hospital-acquired infections has grown.
The individual stories are tragedies.

The numbers of deaths and injuries are startling. This series , in combination with the previous report of increase incidents in Minnesota, should cause concern for everyone. It is also troubling to think of all the past events that have gone by unreported. How many people were killed or severely injured and nothing was said? Hopefully, the the warning of ten years ago will now be heard.

Originally posted at InjuryBoard by Mike Bryant

Grand Standing Illinois Senate Candidate: Does He Really Care About Health Care?

Mike Bryant — Fri, 07 Aug 2009 16:33:00 GMT

Interesting to read the stories of Illinois U S Senate candidate, Mark Kirk's (R-Ill.) candidate's speeches this week about health care. Seems like up until now he's never cared much about the issue. But, it's a popular topic, so he comes to a press conference flanked by a couple of doctors and leadership from the U S Chamber. Now that's a group that has the American consumer in it's sights.

They purposely put forward:Let's limit all of the lawsuits and make a couple of modest insurance changes. Each of the changes seemed focused almost exclusively on saving money for the insurance companies. Never mind that the Injuryboard members have been documenting for some time now that malpractice rates are down and that medical malpractice is a very small part of the overall budgets and that this frivolous tort reform doesn't work.

But, candidate Kirk really isn't out there to help the system. This is purely a tip of the passed hat. He's raising money with the insurance companies and big business. At least call it what it is. While others are working hard to create a system to help all consumers, he is just looking for the campaign money. Hopefully, Illinois voters will see it for what it is.

Originally posted at InjuryBoard by Mike Bryant

49 Year Old Grandmother Killed While Walking Her Grandson

Mike Bryant — Mon, 03 Aug 2009 17:11:00 GMT

Tragic news of a young grandmother, that was hit and killed while she was out for a walk with her grandson. The grandson was in a stroller and was unhurt. The vehicle that hit her was backing out of a driveway on the 2800 block of 94th Avenue N of Brooklyn Park. Reading the article about her, sympathy goes out for all of those involved. Cause was still being determined.

A number of Injuryboard members have discussed pedestrian accidents and the issues with backing up. Timothy Smith, covered the issue extensively with : Nearly 100 children killed in "backing-up" accidents in 2007.

Kids health has some great safety advice about backing up around children:

children injured in driveway accidents often suffer severe and sometimes fatal injuries; injuries typically involve significant trauma to the head, chest and lower limbs
most children are injured on their own home driveway
the greatest risk is to children under the age of five
sadly it is most commonly the child’s own parent who is driving the vehicle when a child is hit
in many cases, the driver reported seeing the child in a safe place before the accident
driveway accidents are more common in summer, between December and February, when children are more likely to be playing outside
most driveway accidents happen in the afternoon between 4pm and 7pm or in the morning between 10am and 12pm
the occurrence of these tragic accidents has not changed significantly over the past 15 years but the good news is these deaths and injuries are preventable

Originally posted at InjuryBoard by Mike Bryant