You have seen it before: your doctor will not treat you unless you agree to sign a document that says if your doctor commits malpractice on you, you cannot sue her, but must use an arbiter picked by your doctor. There is nothing fair about it, but do you sign it? An article in the Tampa Tribune called this new tactic by the doctors in their continued fight for tort reform exactly what it is: blackmail.
An arbitration requirement requires you to give up your constitutional right to file a lawsuit and instead only allows you to pursue a claim with an arbiter, who is not a judge and is hired and/or chosen by the doctor who injured you. The article cited research that shows that these arbitration proceedings are not fair to the victim and, in fact, are skewed highly in favor of the doctor. “The outcomes are pre-cooked when you agree to a particular set of rules or arbiters.” The article concludes that big business and the medical profession are essentially growing a new system of justice and that the public deserves to know that arbitration is unfair and improper when used in this fashion.
Why are big business and the medical profession requiring mandatory arbitration? Simply, it is because of their continued tort reform efforts to take away your rights and to avoid responsibility for their actions. These entities and individuals will stop at nothing to maximize their profits and care nothing about stripping you of your rights. We at Goldberg, Finnegan & Mester, LLC fight for you and for the rights of those injured by someone else’s negligence. We stand up for you and your family against those who stand in the way of justice and we never back down. Whether it is the newborn baby who would be normal except for the negligence of the hospital and doctors, and now has brain damage and cerebral palsy requiring a lifetime of care, or your loved one who was misdiagnosed because the radiologist did not read the film correctly and now it is too late to save him, we fight tirelessly for you.
The text of the article can be found at http://www2.tbo.com/content/2008/jun/01/bz-new-hello-in-health-care-sign-here-not-to-sue/
Christian Mester
Goldberg, Finnegan & Mester, LLC
(301) 589-2999 extension 125
If you or a loved one have been injured, make sure you are aware of your rights. Contact the lawyers at Goldberg, Finnegan & Mester, LLC toll free at 1-888-213-8140 for a free initial consultation.
Monday, June 2, 2008
Sunday, May 25, 2008
Yamaha Rhino Rollover Accident
In recent months, many people have been seriously injured in rollover accidents on Yamaha Rhino UTV's. Many models of the Rhino do not have doors and they tend to roll causing serious injuries and even death. Finally, in August 2007 Yamaha redesigned the Rhino and some of the later models do indeed have doors. Yamaha sent a letter to Rhino owners in September 2006 warning owners of the possibility of rollover accidents. The most common injury is a broken leg. What happens is that as the Rhino is rolling over, the occupant puts his leg out to stop the roll, and the roll crushes the leg causing broken bones and other severe injuries.
If you have been injured on a Yamaha Rhino, call us today at 888-213-8140 for a free phone consultation.
If you have been injured on a Yamaha Rhino, call us today at 888-213-8140 for a free phone consultation.
Thursday, March 13, 2008
Another Legal Myth Debunked: Physicians Fleeing from Medicine is Untrue
You have heard these mistruths put out by the insurance industry and the medical associations time and time again: physicians are leaving the practice of medicine because of the increasing malpractice premiums due to frivolous lawsuits. A recent study, using the raw data from the American Medical Association (AMA) itself, actually confirms what has been known all along by protectors of the civil justice system: that physicians are not leaving the practice of medicine. This is just further confirmation that big business, the insurance industry and the medical profession want to take away your right to obtain fair and reasonable compensation in medical negligence claims by using scare tactics.
The analysis compared data for 2006 (the most recent year for which data is available). Some key findings:
* The number of doctors is increasing across the country and rose in every state except Louisiana (which had a total decrease of 7 doctors). There were 921,904 physicians in the United States in 2006, nearly 20,000 more than in 2005.
* The number of doctors is increasing faster than population growth.
* State doctors-per-capita rates outpace population growth.
* The number of physicians per 100,000 state residents is much higher in states without caps on non-economic damages.
(All figures were derived from the American Medical Association’s own numbers (Physician Characteristics and Distribution in the U.S., Various Editions)).
The main reason the insurance industry and medical profession use these scare tactics is because of their continued efforts to get unfair and unconstitutional tort reform measures passed. What all of this clearly shows, however, is that these entities and individuals will stop at nothing to maximize their profits and care nothing about stripping you of your rights. We at Goldberg, Finnegan & Mester, LLC fight for you and for the rights of those injured by someone else’s negligence. We stand up for you and your family against those who stand in the way of justice and we never back down. Whether it is the newborn baby who would be normal except for the negligence of the hospital and doctors, and now has brain damage and cerebral palsy requiring a lifetime of care, or your loved one who was misdiagnosed because the radiologist did not read the film correctly and now it is too late to save him, we fight tirelessly for you.
Christian Mester
Goldberg, Finnegan & Mester, LLC
(301) 589-2999 extension 125
If you or a loved one have been injured, make sure you are aware of your rights. Contact the lawyers at Goldberg, Finnegan & Mester, LLC toll free at 1-888-213-8140 for a free initial consultation.
The analysis compared data for 2006 (the most recent year for which data is available). Some key findings:
* The number of doctors is increasing across the country and rose in every state except Louisiana (which had a total decrease of 7 doctors). There were 921,904 physicians in the United States in 2006, nearly 20,000 more than in 2005.
* The number of doctors is increasing faster than population growth.
* State doctors-per-capita rates outpace population growth.
* The number of physicians per 100,000 state residents is much higher in states without caps on non-economic damages.
(All figures were derived from the American Medical Association’s own numbers (Physician Characteristics and Distribution in the U.S., Various Editions)).
The main reason the insurance industry and medical profession use these scare tactics is because of their continued efforts to get unfair and unconstitutional tort reform measures passed. What all of this clearly shows, however, is that these entities and individuals will stop at nothing to maximize their profits and care nothing about stripping you of your rights. We at Goldberg, Finnegan & Mester, LLC fight for you and for the rights of those injured by someone else’s negligence. We stand up for you and your family against those who stand in the way of justice and we never back down. Whether it is the newborn baby who would be normal except for the negligence of the hospital and doctors, and now has brain damage and cerebral palsy requiring a lifetime of care, or your loved one who was misdiagnosed because the radiologist did not read the film correctly and now it is too late to save him, we fight tirelessly for you.
Christian Mester
Goldberg, Finnegan & Mester, LLC
(301) 589-2999 extension 125
If you or a loved one have been injured, make sure you are aware of your rights. Contact the lawyers at Goldberg, Finnegan & Mester, LLC toll free at 1-888-213-8140 for a free initial consultation.
Sunday, March 2, 2008
Prince George's County, Maryland Jury Awards Shooting Victim $2.4 Million
By Kevin I. Goldberg
A Prince George's County, Maryland civil jury recently returned a verdict in the amount of $2.4 Million for Devon Shaw. The man was shot and injured by a P.G. County--Prince George's County-- police officer on New Years Day 2006. The police officer Defendant defended himself by arguing that he shot Mr. Shaw because he thought that Mr. Shaw was holding a gun. Mr. Shaw claimed he never had a gun. The officer shot Mr. Saw five times.
The jury award will likely be reduced because of Maryland's cap on non-economic damages, and because of the local government tort claims act which caps cases against Maryland Counties such as Prince George's County at $200,000.00.
Victims of police misconduct and police brutality have recourse in the legal system. If you or someone you know is seriously injured or wounded by the police or by other government officials, call Goldberg, Finnegan & Mester for a free telephone consultation at 301-589-2999 x102.
The victim's lawyer obvioulsy avoided pleading federal civil rights violations in order to keep the case in the Circuit Court for Prince George's County. Federal Judges and Federal juries in Maryland are much less likely to look favorably on this kind of case compared to the Circuit Court for Prince George's County. Attorneys can avoid having police brutality cases removed to federal court by pleading only state law causes of actions such as assault, battery, and negligence---rather than pleading federal civil rights violations.
A Prince George's County, Maryland civil jury recently returned a verdict in the amount of $2.4 Million for Devon Shaw. The man was shot and injured by a P.G. County--Prince George's County-- police officer on New Years Day 2006. The police officer Defendant defended himself by arguing that he shot Mr. Shaw because he thought that Mr. Shaw was holding a gun. Mr. Shaw claimed he never had a gun. The officer shot Mr. Saw five times.
The jury award will likely be reduced because of Maryland's cap on non-economic damages, and because of the local government tort claims act which caps cases against Maryland Counties such as Prince George's County at $200,000.00.
Victims of police misconduct and police brutality have recourse in the legal system. If you or someone you know is seriously injured or wounded by the police or by other government officials, call Goldberg, Finnegan & Mester for a free telephone consultation at 301-589-2999 x102.
The victim's lawyer obvioulsy avoided pleading federal civil rights violations in order to keep the case in the Circuit Court for Prince George's County. Federal Judges and Federal juries in Maryland are much less likely to look favorably on this kind of case compared to the Circuit Court for Prince George's County. Attorneys can avoid having police brutality cases removed to federal court by pleading only state law causes of actions such as assault, battery, and negligence---rather than pleading federal civil rights violations.
Tuesday, February 19, 2008
Supreme Court Unfairly Favors Big Business Over Citizens
By Mark Schofield
On August 29, 2005, Hurricane Katrina made landfall along the American Gulf Coast. Over the days that followed, Americans viewed images of homes being destroyed, and lives being severely altered, as Mother Nature unleashed her wrath in Louisiana and Mississippi. As many as 1,836 people lost their lives as a result of Hurricane Katrina and the subsequent floods, making that storm the deadliest United States hurricane since 1928. The storm also caused an estimated $81.2 billion dollars in damage.
In the months following Hurricane Katrina, residents of the Gulf Coast were subject to severe hardships. Many who had lost their homes in the disaster either relocated, or stayed behind to try and reassemble their homes, and their lives. However, many soon found that their own insurance companies would only add to their burdens, by denying claims made under homeowner’s insurance policies. According to these insurance companies, even if homeowners had purchased policies that included coverage for hurricanes, the damage to their homes was actually caused by flooding. Therefore, the insurance adjusters reasoned, unless a homeowner had purchased flood insurance, which is a separate insurance often not provided for in homeowner’s insurance policies, losses would not be covered.
Xavier University, along with a number of individual homeowners, challenged that line of thinking in a Louisiana State Court. Despite those exclusions in their policies regarding flooding, these individuals and Xavier University advanced the argument that the flooding was caused by the negligent design and maintenance of the levees in and around New Orleans.
Negligence that anyone who watched Hurricane Katrina unfold live on television could see. These Plaintiffs argued that their policies do not exclude coverage for an inundation of water caused by negligence.
Today, the United States Supreme Court declined to hear the case, effectively ending the chances these Plaintiffs will ever recover for their losses that resulted from Hurricane Katrina.
It is true that insurance companies are businesses, and that they are in the business of making profits. However, Hurricane Katrina was a natural disaster unlike any this country had seen in almost 100 years. Thousands of individuals lost their lives, and billions of dollars in damage resulted. Yet in the end, individual homeowners are left holding the bag, as insurance companies walk away, leaving their policyholders behind.
Sadly, this is one of thousands of examples of insurance companies putting their profits over the interests of their policy holders. Every day in this country, an individual learns the hard way what the Plaintiffs in this case have learned: Insurance companies are looking out for their bottom line. State Farm is not often a good neighbor. You are not necessarily in good hands with Allstate.
It is stories like this that drive the attorneys at Goldberg, Finnegan & Mester to stand up for those individuals in their fights against insurance companies, be it the insurance company that denies an automobile accident claim, the insurance company that denies medical coverage or coverage for medical negligence, or the insurance company that denies coverage for the loss of a home or business (homeowner's insurance claims). If you have been injured and are trying to fight an insurance company, don’t do so on your own. Contact one of the
attorneys here at Goldberg, Finnegan & Mester for a free phone consultation.
information is intended to be for the sole use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or other use of the contents of this transmission is strictly prohibited. If you have received this electronic mail transmission in error, please notify us by telephone at (301) 589-2999 or by electronic mail to cmester@gfmlawllc.com immediately.
On August 29, 2005, Hurricane Katrina made landfall along the American Gulf Coast. Over the days that followed, Americans viewed images of homes being destroyed, and lives being severely altered, as Mother Nature unleashed her wrath in Louisiana and Mississippi. As many as 1,836 people lost their lives as a result of Hurricane Katrina and the subsequent floods, making that storm the deadliest United States hurricane since 1928. The storm also caused an estimated $81.2 billion dollars in damage.
In the months following Hurricane Katrina, residents of the Gulf Coast were subject to severe hardships. Many who had lost their homes in the disaster either relocated, or stayed behind to try and reassemble their homes, and their lives. However, many soon found that their own insurance companies would only add to their burdens, by denying claims made under homeowner’s insurance policies. According to these insurance companies, even if homeowners had purchased policies that included coverage for hurricanes, the damage to their homes was actually caused by flooding. Therefore, the insurance adjusters reasoned, unless a homeowner had purchased flood insurance, which is a separate insurance often not provided for in homeowner’s insurance policies, losses would not be covered.
Xavier University, along with a number of individual homeowners, challenged that line of thinking in a Louisiana State Court. Despite those exclusions in their policies regarding flooding, these individuals and Xavier University advanced the argument that the flooding was caused by the negligent design and maintenance of the levees in and around New Orleans.
Negligence that anyone who watched Hurricane Katrina unfold live on television could see. These Plaintiffs argued that their policies do not exclude coverage for an inundation of water caused by negligence.
Today, the United States Supreme Court declined to hear the case, effectively ending the chances these Plaintiffs will ever recover for their losses that resulted from Hurricane Katrina.
It is true that insurance companies are businesses, and that they are in the business of making profits. However, Hurricane Katrina was a natural disaster unlike any this country had seen in almost 100 years. Thousands of individuals lost their lives, and billions of dollars in damage resulted. Yet in the end, individual homeowners are left holding the bag, as insurance companies walk away, leaving their policyholders behind.
Sadly, this is one of thousands of examples of insurance companies putting their profits over the interests of their policy holders. Every day in this country, an individual learns the hard way what the Plaintiffs in this case have learned: Insurance companies are looking out for their bottom line. State Farm is not often a good neighbor. You are not necessarily in good hands with Allstate.
It is stories like this that drive the attorneys at Goldberg, Finnegan & Mester to stand up for those individuals in their fights against insurance companies, be it the insurance company that denies an automobile accident claim, the insurance company that denies medical coverage or coverage for medical negligence, or the insurance company that denies coverage for the loss of a home or business (homeowner's insurance claims). If you have been injured and are trying to fight an insurance company, don’t do so on your own. Contact one of the
attorneys here at Goldberg, Finnegan & Mester for a free phone consultation.
information is intended to be for the sole use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or other use of the contents of this transmission is strictly prohibited. If you have received this electronic mail transmission in error, please notify us by telephone at (301) 589-2999 or by electronic mail to cmester@gfmlawllc.com immediately.
Sunday, January 13, 2008
Insurance Companies Underpay Auto Claims and Overcharge Customers
By Mark Schofield
Attorney at Law
One of the reasons we practice the type of law that we do is because the insurance industry is only out to protect its selfish interests over anything else, including the public at large, consumers, and companies. We have long known that the insurance industry and big business put their own profits above their customers, and now independent research is confirming the despicable lengths to which the insurance industry will go to make a profit. Don’t get us wrong: we believe that a business should be profitable, but not at the expense of your customers and not when done in bad faith.
According to a recent study published by the Consumer Federation of America in corroboration with the Consumers Union and several other consumer organizations, their research found that in order to increase profits and protect their “bottom line,” United States insurance companies overcharge their customers and underpay both home and automobile claims. The study, released this week by the Consumer Federation of America, found that the insurance industry’s overcharges reached an average of $870.00 per United States household over the last four years.
According to J. Robert Hunter, the insurance director for the Consumer Federation of America, insurance companies have enjoyed record profits, while minimizing losses, by “methodically overcharging customers, cutting back on coverage, underpaying claims and getting taxpayers to pick up some of to the tab for risks the insurers should cover.” The study, based on the insurance industry’s own data and financial reports, estimates that the insurance industry’s net income after taxes in 2007 will be $65 billion dollars, a small decrease from the previous record of $67.6 billion set in 2006, but still a large jump over the 2005 net income of $48.8 billion.
An examination of the full report, available online at: http://www.consumerfed.org/pdfs/2008_INSURANCE_RELEASE_FINAL.pdf and indicates a number of startling facts about the recent success of the insurance industry:
• The insurance industry enjoyed record profits in 2004 and 2005, despite significant hurricane activity.
• In recent years, insurers have sharply increased premiums for homeowners and commercial insurance policies, while reducing or eliminating coverage for thousands of Americans in costal areas.
• Insurers are seeking additional subsidies from Congress for catastrophe insurance.
• Consumers have experienced a drastic drop in the amount of claims payouts.
• In the past five years, the insurance industry has enjoyed record level profits, and record low losses. Consider that the industry’s net income (post-tax) in 2003 was $31.2 billion dollars. In less than five years, this number has more than doubled to $65 billion dollars.
As always, consumers need to remember that despite what they see in the news, and on television commercials, insurance companies (even their own insurance companies that claim to be looking out for them) are companies in the business of making a profit: given that the insurance industry is experiencing record profits, it is clear that these companies are making these profits at the expense of their individual consumers, as well as at the expense of those who dare make a claim for insurance after an accident, injury or loss.
Insurance companies will fight to protect their profits, and their bottom line and do not care who gets in their way. Consumers and those with claims against these insurance companies need someone in their corner, fighting for their rights. The attorneys at Goldberg, Finnegan and Mester fight insurance companies on a daily basis for the rights of the individuals we represent.
Attorney at Law
One of the reasons we practice the type of law that we do is because the insurance industry is only out to protect its selfish interests over anything else, including the public at large, consumers, and companies. We have long known that the insurance industry and big business put their own profits above their customers, and now independent research is confirming the despicable lengths to which the insurance industry will go to make a profit. Don’t get us wrong: we believe that a business should be profitable, but not at the expense of your customers and not when done in bad faith.
According to a recent study published by the Consumer Federation of America in corroboration with the Consumers Union and several other consumer organizations, their research found that in order to increase profits and protect their “bottom line,” United States insurance companies overcharge their customers and underpay both home and automobile claims. The study, released this week by the Consumer Federation of America, found that the insurance industry’s overcharges reached an average of $870.00 per United States household over the last four years.
According to J. Robert Hunter, the insurance director for the Consumer Federation of America, insurance companies have enjoyed record profits, while minimizing losses, by “methodically overcharging customers, cutting back on coverage, underpaying claims and getting taxpayers to pick up some of to the tab for risks the insurers should cover.” The study, based on the insurance industry’s own data and financial reports, estimates that the insurance industry’s net income after taxes in 2007 will be $65 billion dollars, a small decrease from the previous record of $67.6 billion set in 2006, but still a large jump over the 2005 net income of $48.8 billion.
An examination of the full report, available online at: http://www.consumerfed.org/pdfs/2008_INSURANCE_RELEASE_FINAL.pdf and indicates a number of startling facts about the recent success of the insurance industry:
• The insurance industry enjoyed record profits in 2004 and 2005, despite significant hurricane activity.
• In recent years, insurers have sharply increased premiums for homeowners and commercial insurance policies, while reducing or eliminating coverage for thousands of Americans in costal areas.
• Insurers are seeking additional subsidies from Congress for catastrophe insurance.
• Consumers have experienced a drastic drop in the amount of claims payouts.
• In the past five years, the insurance industry has enjoyed record level profits, and record low losses. Consider that the industry’s net income (post-tax) in 2003 was $31.2 billion dollars. In less than five years, this number has more than doubled to $65 billion dollars.
As always, consumers need to remember that despite what they see in the news, and on television commercials, insurance companies (even their own insurance companies that claim to be looking out for them) are companies in the business of making a profit: given that the insurance industry is experiencing record profits, it is clear that these companies are making these profits at the expense of their individual consumers, as well as at the expense of those who dare make a claim for insurance after an accident, injury or loss.
Insurance companies will fight to protect their profits, and their bottom line and do not care who gets in their way. Consumers and those with claims against these insurance companies need someone in their corner, fighting for their rights. The attorneys at Goldberg, Finnegan and Mester fight insurance companies on a daily basis for the rights of the individuals we represent.
Friday, December 21, 2007
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