San Antonio Injury Law Blog

Are your kids safe in the hospital?

chris@themckinneylawfirm.com (Christopher McKinney) — Mon, 10 Nov 2008 05:57:41 -0600

Medicine mix-ups, accidental overdoses and bad drug reactions harm roughly one out of 15 hospitalized children, according to the first scientific test of a new detection method.

That number is far higher than earlier estimates and bolsters concerns already heightened by well publicized cases like the accidental drug overdose of actor Dennis Quaid's newborn twins last November.

In the study, researchers found a rate of 11 drug-related harmful events for every 100 hospitalized children. That compares with an earlier estimate of two per 100 hospitalized children, based on traditional detection methods. The rate reflects the fact that some children experienced more than one drug treatment mistake.

The new estimate translates to 7.3 percent of hospitalized children, or about 540,000 kids each year, a calculation based on government data.

Simply relying on hospital staffers to report such problems had found less than 4 percent of the problems detected in the new study.

Read the full article from the associated press here.

President Seeks to Weaken Protections for Consumers on His Way Out of Office

chris@themckinneylawfirm.com (Christopher McKinney) — Fri, 31 Oct 2008 07:16:57 -0600

President Bush is working to enact a wide array of federal regulations, many of which would weaken government rules aimed at protecting consumers and the environment, before the President leaves office in January.

The new rules would be among the most controversial deregulatory steps in over a decade and could be difficult for his successor to undo. Some would ease or lift constraints on private industry, including power plants, mines and farms. They include new rules governing employees who take family- and medical-related leaves, new standards for preventing or containing oil spills, and a "simplified" process for settling real estate transactions.

Once such rules take effect, they typically can be undone only through a laborious new regulatory proceeding, including lengthy periods of public comment, drafting and mandated reanalysis.

Read the Story in the Washington Post.

The Worst Insurance Companies in America

chris@themckinneylawfirm.com (Christopher McKinney) — Mon, 13 Oct 2008 05:39:48 -0600

To identify the worst insurance companies for consumers, researchers at the American Association for Justice (AAJ) undertook a comprehensive investigation of thousands of court documents, SEC and FBI records, state insurance department investigations and complaints, news accounts from across the country, and the testimony and depositions of former insurance agents and adjusters. Their final list includes companies across a range of different insurance fields, including homeowners and auto insurers, health insurers, life insurers, and disability insurers.

Their ranking of the 10 Worst Insurance Companies in America came out as follows:

1. Allstate
2. Unum
3. AIG
4. State Farm
5. Conseco
6. WellPoint
7. Farmers
8. UnitedHealth
9. Torchmark
10. Liberty Mutual

According to the report, one company stood out above all others.

"Allstate’s concerted efforts to put profits over policyholders has earned its place as the worst insurance company in America."

You can download the organizations entire report here.

Will the Supreme Court Ignore Congressional Intent to Protect Drug Companies?

chris@themckinneylawfirm.com (Christopher McKinney) — Thu, 02 Oct 2008 10:48:30 -0600

Earlier this year, in Riegel v. Medtronic, the U.S. Supreme Court held that the 1976 Medical Device Amendments to the Food, Drug, and Cosmetic Act pre-empt injured consumers' rights and immunize medical device manufacturers from liability. Now, in Altria v. Good and Wyeth v. Levine, the court will decide whether to expand federal pre-emption and grant tobacco and drug companies immunity by judicial fiat, too. If it does, it will be making the same fatal mistake it made in Riegel — ignoring Congress' intent.

See the entire National Law Journal article on this topic here.

Safety Recall - Bobbie Socks

chris@themckinneylawfirm.com (Christopher McKinney) — Mon, 15 Sep 2008 05:58:30 -0600

The U.S. Consumer Product Safety Commission has announced a recall of the following consumer product. Consumers should stop using recalled products immediately. The ribbon on the sock can detach, posing a choking hazard to young children.

The recall involves girls Circo bobbie socks. The socks were sold in packs of six (pink, purple, plain white and three pairs with a box), ranging in size from 6- to 12-months, 12- to 24-months and 2T to 5T. The socks are packaged in a green and white sleeve with a Circo-brand logo on the front.

Texas Cities Cracking Down on Uninsured Motorists

chris@themckinneylawfirm.com (Christopher McKinney) — Sat, 23 Aug 2008 12:29:21 -0600

Uninsured motorists on our roads is a serious problem in Texas. The Malvern, Pa.-based Insurance Research Council counted insurance claims by people hurt by uninsured drivers with claims against insured drivers and estimated 14 percent of the nation's drivers don't have coverage.

The 2006 study, its most recent available, found Mississippi led the nation with 26 percent of its drivers uninsured, followed by Alabama (25 percent), California (25 percent), New Mexico (24 percent), and Arizona (22 percent).

Texas came in 12th, with 16 percent of its drivers uninsured.

In response, many cities are fighting back by instituting mandatory towing of vehicles if the driver is not insured. San Antonio is leading the effort among major Texas cities, instituting its “tow-now” policy in 2006. In 2007, city police impounded 14,950 vehicles for lack of insurance. So far this year, 8,874 vehicles have been towed.

View the whole story from the San Antonio Express News.

The Origin of the Federal Tort Claims Act

chris@themckinneylawfirm.com (Christopher McKinney) — Mon, 28 Jul 2008 21:15:48 -0600

NPR had a fascinating story in its "Radio Diary" series today on the 1945 crash of a B-25 bomber crash into the Empire State Building. In addition to being a fascinating story, the incident also served as the genesis of the Federal Tort Claims Act.

Most non-lawyers are unaware of the concept of sovereign immunity - the doctrine that the government cannot be sued by its citizens because, at common law, the King could do no wrong. This changed slightly following the passage of the Tort Claims Act, allowing citizens to sue the government for certain types of matters. Here is an excerpt from the text of the story from NPR followed by a link to the audio.

"On July 28, 1945, residents of New
York City were horrified when an airplane crashed into the Empire State
Building, leaving 14 dead. Though the events of that day have largely faded
from public memory, they remain etched in the minds of those who
experienced them.

* * *

Willig recalled what she was thinking as the fire burned on the 79th floor. "It was a very small universe at that point. You're stuck there in an island, with fire all around us," Willig said. "A couple of the women had passed out from the smoke, and I had a handkerchief in my pocket, and so I used that to cover my nose and my mouth to protect me from the fumes. And somebody had opened the window. And I'm sitting there, and I thought about my rings. And I thought I won't be around to have them, someone else might as well have use out of them. So I took them off my fingers and threw them out the window."

Willig said a man on the street below saw the office workers trapped in the building and signaled to them to stay where they were.

"I guess he was trying to give us some solace — to say don't worry," Willig said. "And that was a connection with the rest of the world. We all felt a little better to know that someone knew we were there."

"And all of a sudden here were firemen and they're coming to rescue us, all dressed up in their raincoats, whatever they wear," Willig said. "It was just wonderful. We climbed out through the broken glass. I was just grateful to be alive."

Pall said she didn't know what happened until she was out of the building.

"I saw crowds of people just looking at each other and I said, 'What happened? What happened?' " Pall said. "He pointed up to the 79th floor and I looked up and saw the tail of a B-25 bomber."

Eight months after the crash, the U.S. government offered money to families of the victims. Some accepted, but others initiated a lawsuit that resulted in landmark legislation. The Federal Tort Claims Act of 1946, for the first time, gave American citizens the right to sue the federal government."

Story Audio

Study Finds Sick Truckers Causing Fatal Wrecks

chris@themckinneylawfirm.com (Christopher McKinney) — Thu, 24 Jul 2008 15:16:35 -0600

Hundreds of thousands of drivers carry commercial licenses even though they also qualify for full federal disability payments, according to a new U.S. safety study. A new study by the Federal Government showed that tractor-trailer and bus drivers in the U.S. suffered seizures, heart attacks or unconscious spells while driving. Many of these drivers should not have been on the road, however, the government has not yet taken steps recommended year ago by safety regulators to ensure that truck and bus drivers are medically fit to operate commercial vehicles.

According to a recent AP article in the Dallas Morning News:

The problems threatening highway travelers persist despite years of government warnings and hundreds of deaths and injuries blamed on commercial truck and bus drivers who blacked out, collapsed or suffered major health problems behind the wheels of vehicles that can weigh 40 tons or more.

The U.S. agency responsible for cracking down on unfit truckers, the Federal Motor Carrier Safety Administration, acknowledges it hasn't completed any of eight recommendations that U.S. safety regulators have proposed since 2001. One would set minimum standards for officials who determine whether truckers are medically safe to drive. Another would prevent truckers from "doctor shopping" to find a physician who might overlook a risky health condition. It's unclear whether any of the eight recommendations will be done before President Bush leaves office.

The Transportation Department said 5,300 people died in crashes involving large commercial trucks or buses in 2006, the latest year for which figures are available, and about 126,000 more were injured. A federal safety study last summer found that cases where drivers fell asleep, suffered heart attacks or seizures or otherwise were physically impaired were a leading cause of serious crashes involving large trucks. But those cases included healthy drivers who fell asleep.

The McKinney Law Firm represents the families of those who have lost their lives in these types of trucking accidents. If you have any questions or if we can be of service, please contact us.

Source: AP/Dallas Morning News

Defective Tire Stem May Cause Car Crash

chris@themckinneylawfirm.com (Christopher McKinney) — Wed, 23 Jul 2008 06:44:28 -0600

A lawsuit filed in Florida claiming that a fatal rollover crash was caused by a cracked stem on a tire valve has prompted a federal investigation and a recall of 6 million valve stems nation-wide.

It's estimated that up to 36 million of the potentially defective valve stems were manufactured in China by Shanghai Baolong Automotive Corp. between July 2006 and November 2006. A U.S. distributor, Dill Air Control Products of Oxford, N.C., notified the National Highway Traffic Safety Administration of the potential problem after it was named in the Florida suit.

With so many valves in circulation, the defect could lead to more accidents.

The Florida suit was filed by the widow of a man killed last November when the right rear tire of his 1998 Ford Explorer failed, triggering a rollover crash. The suit blames the accident on a crack on the stem of the rubber valve used to fill the tires with air.

In May, Dill issued an advisory to tire retailers indicating a problem with surface cracks on the outside of the valve stem's rubber near the rim hole due to ozone exposure. Dill said in the bulletin that it has received a "number of parts" showing surface cracks.

The company has asked retailers to return all valve stems manufactured in 2006 and to inspect valve stems installed from September 2006 through June 2007. The problem, however, is that the valve stems can't be tracked once they leave the warehouse.

We recommend that any car owner who has had a tire replaced after July 2006 should have their valves checked immediately for signs of cracking.

If you have any questions regarding car accident injuries, please contact us.

Source: LawyersUSA

Hurrican Dissaster Declaration in South Texas

chris@themckinneylawfirm.com (Christopher McKinney) — Tue, 22 Jul 2008 17:18:57 -0600

Gov. Rick Perry issued a disaster declaration over the "imminent threat" posed by Hurricane Dolly, which was predicted to land on the South Texas coast early Wednesday.

The declaration, which covers 14 South Texas counties, including Bexar, allows the state to begin necessary preparations, such as deploying resources requested by local officials.

Other counties affected by the declaration are Aransas, Brooks, Calhoun, Cameron, Hidalgo, Jim Wells, Kenedy, Kleberg, Nueces, Refugio, San Patricio, Victoria and Willacy.

Dolly was upgraded from a tropical storm to a Category 1 hurricane Tuesday afternoon and some strengthening is forecast before landfall. At 4 p.m. the center of the storm was located about 165 miles east-southeast of Brownsville.

Source: SA Express News

Web Links for Seniors

chris@themckinneylawfirm.com (Christopher McKinney) — Tue, 01 Jul 2008 22:02:51 -0600

We have put together a list of websites that have items of interest for seniors and those that care for seniors. We hope you find it helpful.

GENERAL SITES

Senior’s Center - This general site covers a broad spectrum of subjects: geriatric health concerns, long-term care, elderhostels, grandchildren, living wills, sexuality and aging and LincAmerica which allows a senior to register "medical history, current medications, doctors of record, insurance form, people to contact, and any other significant information" for medical personnel in case of an emergency.
SeniorOptions - "SeniorOptions is a public service Internet site providing comprehensive, yet local (city or county) directories identifying the facilities, agencies, firms, practices, and businesses who help older adults through out (sic) the United States."
Senior Resource™ - This site is divided into several broad categories: understanding aging (positive aging; sociologic, physical, and metabolic changes), housing choices (relocation options), resources by state, finance (Social Security, estate planning, trusts, reverse mortgages), and insurance (Medicare, supplemental insurance, auto and life insurance).
The Senior Center - This site contains information of relevance to seniors, including information on travel discounts, bookstores, medical information, web giveaways, and more.
Yahoo! Seniors’ Guide - This page specifically aimed to seniors provides links to Cool Sites and Top Picks in a wide array of subjects, such as recreation and sports, travel, gardening, finance, health, books, food and dining, genealogy, computers, organizations, and government.
Eldercare Web - An excellent umbrella site for just about any topic of interest to seniors.
The Resource Directory for Older People - This Resource Directory which is a cooperative effort of the National Institute on Aging and the Administration on Aging provides "names, addresses, phone numbers, and fax numbers of organizations which provide information and other resources on matters relevant to the needs of older persons."
SeniorsSearch - "The only search directory exclusively for the over 50 age group," this site begins with 62 categories which each have more specific subcategories and web page listings.
agepage.com - This information and resource directory supports the "aging population, elderly, homebound, disabled, physically challenged, senior citizens, caregivers."

ORGANIZATIONS FOR SENIORS

AARP - This is the site for the American Association of Retired Persons (AARP), one of the largest and most influential associations of people over the age of 50. The AARP site has loads of information on member benefits, volunteer and community programs and issues and advocacy. This site is also searchable.

The 60 Plus Association - "A nonpartisan seniors advocacy group with a free enterprise, less government, less taxes approach to senior issues." Users can read legislative alerts, see how their Congressional representatives are voting and peruse press releases.

National Council of Senior Citizens - Designed for seniors to use, this site is written in large type and is easy to navigate. It provides seniors with information on their insurance plans and other benefits of membership. It also provides a list of web sites of interest to seniors.

NARFE - The National Association of Retired Federal Employees (NARFE) "is the only association dedicated to protecting the earned retirement benefits of federal employees, retirees, and their survivors." Visitors will find information on local chapters, the executive board, member benefits, and legislative agendas.

SeniorNet - SeniorNet is a nonprofit organization for computer-using seniors. Although there is a cost for membership, members are eligible for discounts on computer-related products, computer classes, and a quarterly newsletter.

HELPFUL AGENCIES



Texas Aging Sites Index - This directory page links to state agencies, area agencies on aging, local agencies, and other directory pages with a direct link to Texas sites.

The National Council on Aging - The National Council on Aging (NCOA) "is a center of leadership and nationwide expertise in the issues of aging".

National Institute on Aging - The National Institute on Aging (NIA) "promotes healthy aging by conducting and supporting biomedical, social, and behavioral research and public education."

Leadership Council of Aging Organizations - "The Leadership Council of Aging Organizations is a coalition of national non-profit organizations concerned with the well-being of America’s older population and committed to representing their interests in the policy-making arena."

Department of Veteran Affairs - This searchable site from the Veterans Affairs Department contains information on benefits, facilities, special programs, and the organizational structure of the Veterans Affairs. It also provides a list of related links.

Administration on Aging - The Administration on Aging (AoA) provides extensive information for seniors, their families, their doctors, and their caregivers.

WORK AND VOLUNTEER OPPORTUNITIES

Green Thumb Web Site - "Green Thumbs, Inc., is America’s oldest and largest provider of mature- and disadvantaged-worker training and employment" and as such, operates the Senior Community Service Employment Program (SCSEP), a federal program, which "provides training and employment opportunities to low-income, older Americans residing in rural areas." SCSEP participants must be 55 years of age or older and meet federal income guidelines. Green Thumb also operates "older worker training projects across the country…(that) involve occupational skills, classroom, or on-the-job training."

Senior Corps - This site provides information for people over 55 with volunteer opportunities in their communities. Programs available include Foster Grandparents, Senior Companions, and Retired and Senior Volunteers. Senior Corps is a division of the Corporation for National Service.

San Antonio OASIS - OASIS which stands for the Older Adult Service and Information System "is a national education organization dedicated to enhancing the quality of life for older adults" ages 55 and older. Membership is free. Program topics comprise arts and humanities, health, fitness, consumer interests, and travel. Member volunteer opportunities include intergenerational tutoring in schools in the Northside Independent School District and working at the OASIS Center. A link to the National OASIS home page is provided.

ELDER ABUSE

NCEA National Center on Elder Abuse - This site serves as a clearinghouse to disseminate information and fact sheets on what elder abuse really is. It defines the major types of elder abuse as physical, sexual, emotional or psychological, neglect, abandonment, financial or material exploitation, and self-neglect. It discusses why elder abuse occurs and who are the perpetrators and it lists state and local agencies such as Adult Protective Services, State Elder Abuse Hotlines, Long Term Care Ombudsman Program, and others.

Elder Abuse: What Is It? What to Do About It? - This brochure from the Access to Justice Network describes what elder abuse is, tells who abuses and who is abused, explains why it happens and what should be done to prevent it.

The Elder Abuse Home Page - This site is part of Project B.E.A.R.: Building Elder Abuse Resources. It defines elder abuse, discusses policy, education and research, offers a selected bibliography on this topic, and links to other related sites on the Web.

LEGAL RESOURCES

SeniorLaw Home Page - "This is a Web site where senior citizens, their families, attorneys, social workers, and financial planners, can access information about Elder Law (Elderlaw), Medicare, Medicaid, estate planning, trusts and the rights of the elderly and disabled." In addition, this site provides many more links to additional Internet sites on those topics and more, such as long term care insurance, elder abuse and neglect, and federal and state government and federal court resources. There is a form available on the SeniorLaw Search Engine page that enables the user to search the text of all the files at SeniorLaw.

National Academy of Elder Law Attorneys, Inc. - This non-profit association geared to attorneys provides educational information and "networking and assistance to those who must deal with the many specialized issues involved with legal services to the elderly and disabled." Hot Links connect you to associations, organizations, community resources and social services, other legal resources, and state and federal resources.

Bet Tzedek Legal Services - This site provides extensive consumer information on social security, Medicare, and nursing homes (including Medicaid eligibility rules).

Crash Course in Wills & Trusts - This "course is a concise and practical guide" to wills and trusts. Topics included are the disposition of property, the probate process, a simple living trust, tax issues, estate planning, specialized trusts, living wills, guardianship, and durable power of attorney.

On-Line Guide to Nursing Home Law - This guide to nursing homes answers such questions as how to pay for nursing home care and how to ensure quality care.

Older Americans Act - Cornell University provides the full-text of the Older Americans Act from the United States Code Title 42 Chapter 35 Programs for Older Americans.

The Administration on Aging and the Older Americans Act - This fact sheet put out by the Administration on Aging explains the Older Americans Act, state and community programs, research and resources, and aging in the future.

National Senior Citizens Law Center - The National Senior Citizens Law Center provides advocacy for low income elderly individuals. "Requests may be made by telephone, by mail or by e-mail. NSCLC is available to serve in a purely supportive or advisory capacity, as active co-counsel, or as lead counsel in litigation and administrative aging matters." This site also provides extensive links to resources on the following topics: age discrimination, Medicaid, Medicare, nursing homes, Older Americans Act, Americans with Disabilities Act, pension rights, and Social Security/SSI.

AVOIDING FRAUD

Avoiding Fraud When Buying Long-Term Care Insurance: A Guide For Consumers and Their Families - This 39-page document was "undertaken to alert, educate, and warn consumers and their families" about major problems and traps of long-term insurance policies.

Protecting Senior Texans - The Elder Law and Public Health Division of the Office of Attorney General of Texas investigates and prosecutes businesses that defraud senior citizens. This site includes information about Medicaid fraud control, preventing elder abuse and neglect, selecting a nursing home, the rights of the elderly, and TRIAD (Crime Prevention for Seniors). It also offers consumer protection brochures, a legal column, and links to other resources for elders.

Consumer Alerts - Some of the alerts issued by the Federal Trade Commission (FTC) are home equity loans, reverse mortgages, buying a used car, hiring a contractor, investment fraud, and telephone scams.

Fighting Fraud Against Older Consumers - This site provides special tips for seniors to deal with telemarketing fraud. It tells how to report fraud and discusses the Elder Fraud Project.

The Better Business Bureau - The Better Business Bureau (BBB) provides alerts and news, consumer advice and information, business advice and information, scam alerts and advisories, and reports on companies. The BBB Help Desk offers information and assistance on BBB Business Reports and complaint handling. The Resource Library provides consumer buying guides and business publications. You can search to locate the Better Business Bureau serving your community at this site.

MEDICARE

Medicare - This is the official web site for the United States Government Medicare information. This searchable site covers what is Medicare and managed care; offers contacts and publications, and reports about fraud and abuse and how to report it. The site provides "Medicare Compare (which) is an interactive database for Medicare beneficiaries and people involved in their care…(It) provides easy access to information about Medicare managed care plans, including costs, premiums and types of services provided." En español

Texas Information-Have a Question About? - If you have questions about your Medicare bill; getting Medicare, other health insurance, and other benefits; your health plan choices; the Railroad Retirement Board; or complaints, appeals, and other Medicare rights, this site answers them by providing the appropriate contact information.

HCFA: The Medicare and Medicaid Agency - The Health Care Financing Administration (HCFA) is "the federal agency that administers the Medicare, Medicaid, and Child Health Insurance Programs." The Beneficiaries page is the first stop in exploring this site. It provides links so that you can find local contacts, report suspected cases of fraud, get a Medicare Handbook, gather information on managed care or keeping your health insurance, and more. Other sections are Plans & Providers, States, Researchers, and Students. There is a lengthy FAQ that answers many questions about Medicare, nursing home coverage, fraud and abuse, Medicaid, Medigap, expenditures, and health care outlook.

HMOs for Medicare Beneficiaries - Information about HMOs for Medicare beneficiaries gathered by the Texas Department of Insurance. Many questions about HMOs are answered here, including costs, advantages and disadvantages, HMO laws, and deciding on whether or not to join an HMO. Telephone numbers and addresses are given for state agencies as well as Texas HMO Plans for further information.

On-Line Guide to Medicare - Bet Tzedek Legal Services offers a questions-and-answers site that covers various topics about Medicare such as eligibility, premiums, services provided under parts A and B, the appeal process, Medigap insurance policies, and signing over Medicare benefits to an HMO.


NURSING HOMES AND LONG-TERM CARE

American Health Care Association - The American Health Care Association: The Association of the Long-Term Care Community (AHCA) "is a federation of 50 state health organizations, together representing nearly 12,000 non-profit and for-profit assisted living, nursing facility, long term care, and subacute care providers that care for more than one million elderly and disabled individuals nationally." Even though it is geared primarily to association members, this site does have a "Consumer Information" section that defines nursing facilities, subacute care, and assisted living, and offers suggestions on selecting the proper level of care. Other subjects covered are advanced directives, making the transition to nursing facility life, Alzheimer’s Disease, paying for nursing facilities, long term insurance, and the "myths and realities of living in a nursing facility."

Mr. Long-Term Care - The LTC Resources section of this site has reading rooms with suggested booklists; facts and figures about long term care, Social Security and Medicare 1998; legislative news; and important issues. You can participate in an interactive discussion forum, locate nursing homes, and link to other resources and websites.

HomeCare/Hospice Locator - This database, copyrighted by the National Association for Home Care, contains more than 28,100 home care and hospice agencies and can be used to identify home care providers in the desired locale. Simply fill out the form using either the city, the state, or the first three digits of the zipcode and check the appropriate boxes to designate agency classification, Medicare/Medicaid certification, licensure, and accreditation, programs and services offered.

Guide to Choosing a Nursing Home - This guide is published by the U.S. Department of Health and Human Services’ Health Care Financing Administration (HCFA), the federal agency that oversees Medicare and Medicaid. This site provides information on selecting a nursing home including long-term care options, gathering information, visiting nursing homes, treatment and services after admission, and a nursing home checklist.

How to Choose a Nursing Home - This short document put out by the Nursing Home Abuse and Neglect Information Center offers suggestions that will help determine "what type of care that your family member will receive at a nursing home."

Federal Laws Regulating Nursing Homes - In order for a nursing facility to participate in Medicare/Medicaid, it must comply with the rules outlined in the U.S. Code of Federal Regulations [42 CFR Part 483]. This document outlines what a nursing home must have and do under those regulations.

LINKS FOR CAREGIVERS

Family Caregiver Alliance - This easy-to-use site provides support for "caregivers of adults with Alzheimer’s disease, stroke, traumatic brain injury, Parkinson’s disease, ALS, and related brain disorders." In addition to serving as a clearinghouse for information on statistics, research, and public policy, it includes over forty fact sheets on various diseases and disorders and caregiving issues as well as twelve reading lists. The search feature allows the user to do a local search for documents at this site as well as an Internet search using Excite.

The Caregiver’s Handbook - The Caregiver’s Handbook: Assisting Both the Caregiver and the Elderly Carereceiver is a full-text nine-part online guide to the common problems in caregiving, the types of help available, caring for the caregiver, personal care, nutrition, medical aspects of caregiving, emotional and intellectual well-being, legal and financial affairs, liability of caregiving, and selecting a residential care facility.

American Federation of Home Health Agencies - The American Federation of Home Health Agencies (AFHHA), "a trade association representing primarily free-standing, Medicare-certified, home care providers," focuses on legislative and regulatory issues in Washington, D.C. This site includes links to AFHHA’s documents and position papers on various issues as well as governmental links to legislation and members of the Senate Finance Committee, the House Commerce Committee and the House Ways and Means Committee.

Community Health Accreditation Program - Community Health Accreditation Program (CHAP) accredits all home and community-based health-care organizations and provides the public with information about accredited organizations. The CHAP Gold Seal indicates that the home health care provider meets the highest quality standard in the industry. The government has designated CHAP for "deemed status" which indicates that CHAP’s Standards of Excellence met or exceeded the government’s own standards for Medicare certification.

HomeCare On-Line - This virtual headquarters of the National Association for Home Care (NAHC) provides information about meetings, conferences, legislation, regulations, and publications for providers, consumers, and students in the home care and hospice industries.

IANet: The Interactive Aging Network - This site is geared toward service professionals and organizations which provide services to older adults. It has organized information that may be of some use to the seniors they work with. Topics include advocacy, research, health, housing, and more.

The McKinney Law Firm represents seniors and their families in cases of elder abuse and nursing home abuse. If you need help, please contact us for a consultation.

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Tort Reform Has Resulted in an Inadequate Health-Care System Designed to Help Insurance Companies While Hurting People with Legitimate Personal Injuries

chris@themckinneylawfirm.com (Christopher McKinney) — Thu, 19 Jun 2008 18:09:05 -0600

Alex Winslow has graciously granted me permission to repost his excellent Letter to the Editor, which was published in the Wall Street Journal earlier this month, discussing the fact that tort reform here in the great state of Texas has utterly failed to lower health care costs while it has dealt a huge blow to Texans with legitimate claims for serious injuries. Here is his letter in its entirety:

A few years back, insurance lobbyists rammed through legal changes that were designed to severely limit the legal rights of Texas patients. We heard high-falutin' rhetoric promising dramatic improvements in the cost, quality and access of health care in our state. None of the promised improvements have been realized, but that hasn't stopped special interest think tanks from spinning an intricate yarn in their futile attempt to justify the rights they stole from Texas families ("Cross Country: Why Doctors Are Heading for Texas," May 17 and "Tort Reform Will Rescue Doctors," Letters, June 6).

What has really happened? 1) Health-care costs have risen dramatically in Texas, according to the Robert Wood Johnson Foundation; 2) AMA statistics show that we rank lower in per-capita physicians today than we did just a few years ago; 3) Rural and underserved areas continue to struggle to attract new physicians; 4) Texas continues to have the nation's highest rate of uninsured.

The reality is that none of this has been or ever will be fixed by taking away the legal rights of patients or their families. Unless we move beyond the insurance industry's talking points and enact real reforms that protect patients, strengthen safety standards and restore accountability, we will continue to be plagued by an inadequate health-care system that does more for insurance companies than it does for patients.

N. Alex Winslow
Executive Director
Texas Watch
Austin, Texas

My question: When will Texans say enough is enough and finally stand up for their rights against the big insurance companies and the legislators they control.

Source: N. Alex Winslow is the Executive Director of Texas Watch, a non-partisan, advocacy organization working to improve consumer and insurance protections for Texas families.

Officials: Poor Maintenance, Operator Error to Blame for 'Superman' Injury

chris@themckinneylawfirm.com (Christopher McKinney) — Fri, 13 Jun 2008 06:38:54 -0600

Hat Tip to Torts Prof Blog for its coverage of the State of
Kentucky's investigation into the cause of the June 2007 accident in which a teenager lost both of her feet on the 'Superman: Tower of Power' ride at Six Flags Kentucky Kingdom theme park after a cable snapped.
According to the report:

"The cause of the cable failure has been determined to be fatigue, a progressive failure of the mechanism. The cable on the ride was in a condition that caused the cable to fail under its normal load in operation. It is impossible to scientifically determine how long the cable had been in a condition that could lead to the failure of the cable under its normal load. The cables when new are rated to carry at least six times the load placed upon them during normal ride operation. Maintenance records provided by SFKK indicate the cable units and switches were last checked on June 14, 2007, and “no further action was needed.” However, based on expert opinion, the deteriorating condition of the cable would have been detected using the procedures outlined in the newer ride manual.

* * *
The extent of progressive (fatigue) cracking would have made it possible for the
park personnel to detect the deteriorating condition of the rope had they been
following the inspect ion instructions given in the maintenance manual.

* * *

The considered opinion of the Kentucky Department of Agriculture is the cable condition and ride operator response were the largest factors contributing to the injuries of the ride patron."

The KDA report included this chilling synopsis of a statement that it was given by the main ride operator:

The group of three girls rode the ride once without incident. When that ride cycle had ended, the girls got to ride again because there was no line. I remember the same three seats were used the second trip. The seats were checked and the all clear was given. The ride went up.
After about two seconds I heard a noise like a rollercoaster chain clack. The ride was about eight feet off the ground. When I looked up the cord came out; the cord was flying about. The noise and the cable coming out happened at the same time.
I called #3333; the park phone number for emergencies. The person answering the phone asked what was going on.
I reached my head out and around the operator station while I was explaining the situation to the lady on the phone. I told the lady on the phone that the guests were screaming. I was not sure what the people on the ride were screaming due to the volume of noise in the park.
The lady on the phone said it was normal for riders to scream. I said the screaming was totally different this time because all the riders were screaming.
I can’t remember what the lady on the telephone was saying. I could see the top of the ride. The other ride operator, at the other panel, told me to hit Estop.
I hit Estop, but the ride came down normally.
I noticed a shoe had fallen on the blue covering. I saw the injured girl. I noticed she was blinking. The injured girl had shifted down in her seat, and had a leg up in the air. At first I thought the injured girl was dead, because she was so far down in the seat. I walked over to make sure she wasn’t dead.
I was still on the phone. I was screaming. The lady on the phone asked questions and tried to get me to calm down.
Several people came running through the gate and through the line, and began yelling at me. When I hit the Estop that caused the harness system to remain closed. People were yelling at me to let them out, but I needed a technician to do that.
The other ride operator was screaming, and she left the ride.
Some woman came up and called the police. The lady on the telephone with me hung up the phone to call for first aid. I then hung up the phone.
A man named Lou came and got me. Lou took me to Katie; and Rachel took me to the rides office about five to ten minutes after the accident. People talked to me and I gave a statement. The park employees had to find the other ride operator.

The bottom line is that the cables failed due to garden-variety fatigue that was apparently not noticed due to a lack of inspection.

The State of Kentucky fined the park . . . $1,000.

U.S. Government Investigating Complaints of Fires in Ford Windstars

chris@themckinneylawfirm.com (Christopher McKinney) — Thu, 22 May 2008 14:31:52 -0600

The National Highway Traffic Safety Administration is investigating complaints about fires in Ford Windstar minivans that may be related to a defective switch that has been recalled in millions of other Ford vehicles, according to safety data made public on Monday.

The NHTSA opened a preliminary investigation on May 13th into 130 complaints alleging engine compartment fires in Windstar vehicles.

All of the approximately 1.7 million Windstars, which were made between 1995-2003, are included in the investigation.

Thirty six reports were filed with the government within the last year, according to data released by NHTSA. Half the total alleged that a cruise control switch was to blame, but the government has reached no conclusion.

Some of the vehicles were parked while others were moving when the fires broke out.

Ford has recalled about 9.6 million cars and trucks with faulty cruise control switches since the early 1990s. Some of the faulty components have been linked to fires.

With repairs made to only half those vehicles by the start of this year, NHTSA issued an unusual public notice to owners of certain Ford, Lincoln and Mercury vehicles urging them to visit dealers to have the switch disconnected.

"Failure to have the switch disconnected could lead to a vehicle fire at any time," NHTSA said in its notice.

Vehicles recalled for faulty switches include F-150 pickups made between 1993-2004.

Source: Reuters

Appellate Court Overrules Jury Verdict in Vioxx Case

chris@themckinneylawfirm.com (Christopher McKinney) — Fri, 16 May 2008 06:41:54 -0600

On May 14, San Antonio's 4th Court of Appeals reversed a $7.75 million judgment in a case in which the plaintiffs alleged that taking the pain medication Vioxx caused the death of a 71-year-old man in April 2001. A jury in Rio Grande City, Texas, in April 2006 awarded $32 million to the widow of 71-year-old Leonel Garza, a short-term Vioxx user who died of a heart attack in 2001. That award of $7 million for compensatory damages and $25 million for punitive damages was later cut to about $7.75 million under Texas law limiting damages.

On Wednesday, a three-judge panel of the Texas 4th Court of Appeals overturned the verdict, ruling in favor of Merck. The opinion was signed by Justice Sandee Bryan Marion.

Merck had pulled Vioxx off the market in September 2004 after a study determined that the medication doubled the risk of heart attacks and strokes among patients who took it 18 months or more.

As a result of the 4th Court's decision, the Garza family will receive nothing.

Source: Texas Lawyer & AP

Houston TV Investigation into Political Contributions and Potential Conflicts of Interest at the Texas Supreme Court

chris@themckinneylawfirm.com (Christopher McKinney) — Thu, 15 May 2008 09:26:46 -0600

Houston TV station KHOU has a very interesting piece out investigating the correlation between contributions by big business to Supreme Court justices and opinions issued by the Court in favor of these very same companies.

You can watch the video here and then leave us a comment and tell us what you think.

Texas Minimum Auto Liability Insurance Limits Have Increased

chris@themckinneylawfirm.com (Christopher McKinney) — Thu, 08 May 2008 09:21:38 -0600

The minimum amount of automobile liability insurance Texas drivers are required to carry for bodily injury/property damage increased on April 1st from the previous $20,000/$40,000/$15,000 (“20/40/15”) coverage to “25/50/25” coverage.

Texas law requires people who drive in Texas to be financially responsible for the accidents they cause. Most drivers do this by buying auto liability insurance. Liability insurance pays to repair or replace the other driver’s vehicle and pays the medical expenses of the other party; it does not pay to repair or replace the policyholder’s vehicle.

The previous minimum amount of liability insurance required by law was $20,000 for each person injured in an accident, up to a total of $40,000 for everyone injured in an accident, and $15,000 for property damage per accident. The limits have now increased to $25,000 of coverage for each injured person, up to a total of $50,000 per accident, and $25,000 for property damage.

The 80th Legislature amended the current financial responsibility law in 2007 to increase the auto liability limits amid concerns that the current limits aren’t enough to cover the costs of an accident resulting in severe injury or major vehicle damage.

The limits will increase again on January 1, 2011, to $30,000 of coverage for each injured person, up to a total of $60,000 per accident, and $25,000 for property damage per accident (30/60/25).

Drivers who carry minimum limits will begin to notice the new limits as they renew their auto policies or buy a new policy, but they won’t need to take any action unless contacted by their insurance company.

There are severe penalties for violating the state’s financial responsibility law. A first conviction will result in a fine between $175 and $350. Subsequent convictions could result in fines of $350 to $1,000, suspension of your driver’s license, and impoundment of your vehicle. The state of Texas will implement the new Texas Financial Responsibility Verification Program this spring that will allow law enforcement officers to immediately verify whether a driver has car insurance.

What To Do If You Are In An Accident

chris@themckinneylawfirm.com (Christopher McKinney) — Mon, 28 Apr 2008 22:06:47 -0600

Remember that the insurance company is not your friend.

Insurance companies go out of the way to advertise how fast, neighborly, generous, kind, understanding, patient, and friendly they are -- especially when they are trying to sell you one of their policies. It continues to be true for as long as you make your insurance premium payments on time without asking for anything in return. However, policyholders forced to present a claim often learn that this is more advertising PR than reality.

If you are injured in an accident, get medical attention immediately. At the same time, to the extent you can you should be keeping a record that will help protect you should you need to file a claim. File a police report, either at the scene or as soon as possible afterward. Try to get names and contact information from any witnesses. If you’re able, write down exactly what happened as soon as possible after the event.

Accident scene photographs often provide valuable evidence that can’t be duplicated after the fact. And, of course, talk to a a good lawyer as soon as possible so that you can get advice about how to proceed, what kind of records you should be keeping, and how to handle the inevitable phone calls from the insurance company, trying to get you to sign a release.

Here is a quick checklist:

Photograph your injuries
Keep notes, including
- Medical appointments/treatment
- Medications
- Physical Therapy sessions (including progress & limitations)
- Record lost work time
- Note pain and limitations
- Record expenses incurred as a result of injuries/limitations
Document conversations/information received from
- Doctors and other medical professionals
- The insurance company
Keep all receipts, prescription records, etc.

Telemarketers losing access to Texas crash victims' phone numbers

chris@themckinneylawfirm.com (Christopher McKinney) — Sun, 27 Apr 2008 14:27:14 -0600

The Dallas Morning News has the story that Texas drivers involved in accidents will no longer be required to furnish telephone numbers for crash reports under an agreement between two state agencies trying to pull the plug on phone solicitations by telemarketers.

This is an important change because telemarketers generally try to drum up business for chiropractors, lawyers and body shops and these people will often say absolutely anything to get someone into the office. This results in citizens being funneled to service providers that may not be the most competent for the job.

"It is getting to the point where every person involved in a reported traffic accident is being solicited," said Mark Hanna, a spokesman for the Texas Committee on Insurance Fraud, a panel created by the insurance industry and the Texas Department of Insurance.

"The telemarketers say whatever it takes to get crash victims into the doctor's office. They are today's lazy ambulance chasers, doing it all by phone. We are trying to put a stop to these calls or at least slow them down." said Hanna according to the article.

I am all in favor of this long-needed change. If you need a quality body shop or a competent lawyer, don't go to anyone based on a phone solicitation. Get on the internet and do your own research and ask your friends about their experiences. Such decisions are way too important to base it on an unsolicited phone call.

Source for Article: Dallas Morning News

Extra: See the statewide standard accident report form.

Delays of Social Security Disability Claims Violate Due Process Rights

chris@themckinneylawfirm.com (Christopher McKinney) — Thu, 24 Apr 2008 14:22:53 -0600

Today’s The American Civil Liberties Union newsletter commends the House Ways and Means Committee for holding a hearing today on the backlog of Social Security disability claims. The ACLU has submitted a written statement to the committee.

Social Security disability backlogs are at an all-time high, with the average wait time lasting 499 days and in some regions upwards of 700 days. At the same time, the Social Security Administration (SSA) staffing levels are at their lowest levels since 1972. All this translates into unreasonable delays in Social Security disability claims processing, with thousands of people with disabilities facing tremendous economic hardship including bankruptcy, homelessness, and in some cases suicide.

Read more here.

Hat Tip: Disability Links Blog