Monday, June 30, 2014

The Maryland Accident Attorney Reduced Fees

The accident case is not done until the medical bills and liens are paid. You will need an attorney familiar with the negotiation process and what claims can be asserted to reduce the liens. You will find liens in the following situations: 1. workers compensation liens 2. Medicare 3. Medicaid $. TriCare 5. Erisa 6. Welfare liens Some tactics that will assist in reducing the lien include, "hardship" and "make whole doctrine" and "contested case offsets". Ultimately our task is to put as much as money as possible into our client's pocket even after all medical bills and lawyers fees and expenses are paid. At the Law Offices of Keith Blair Bartnik, The Maryland Accident Attorney - We Reduce Our Fee When We Win. Call for a free phone review of your case. When personal injury becomes personal call me direct. 1-888-760-7339

Saturday, June 14, 2014

Lost Wages in Maryland Personal Injury Accident

Proof Of Loss Earning Capacity In a Self Employed Situation Loss earning capacity refers to those situations where the plaintiff has suffered a permanent injury which prevents him from earning the same income he had prior to the injury. It is not an issue of loss future wages. It is an issue of loss earning capacity. And oddly, in a Maryland personal injury case, you can get the damages in a self employed situation even when there is no history of income earnings. See ANDERSON, et al.v. LITZENBERG 694 A.2d 150 (1997). I suggest the necessary proof is as follows: (1) proof of permanent injury as established by a doctor's testimony who is familiar with the physical demands of the Plaintiff's prior employment the current physical limitations; (2) testimony from a vocational rehab expert as to the value of the services the plaintiff was performing prior to the injury as compared to the value of the services the plaintiff is capable of performing with his new physical limitations; (3) an economist to testify to the present value of the loss future earning capacity and the Plaintiff's work life expectancy. If you have questions. I have answers. When personal injury gets personal. Call me Direct 1-888-760-7339. The Accident Attorney in Maryland.

Thursday, June 12, 2014

Maryland Personal Injury Lawyer Fall in Nursing care

What is the proper protocol when you have a patient with a history of chronic falling? “The proper protocol for a patient with a history of falls is firstly to review his or her fall assessment evaluations with re-assessment for changes in condition. Review of previous interventions for fall prevention with review of medications, review of patient’s sleep patterns. Preventative measures such as low beds, body or mattress alarms, moving the patient to a room close to high observation areas can be employed. Fall risk and the prevention of falls is based on individual risk factors. The facility has a responsibility to assess the resident’s risk factors and develop a comprehensive care plan based on those risk factors. The use of fall mats is based on the assessment made by the interdisciplinary teams. The team has to weigh the benefits and risks of such interventions. While a fall mat may not have prevented the fall it may have reduced the risk of injury during the fall. The decision to use such a mat would have been determined by factors such as, where the history of falls occurred , as well as the risk of the mat creating a hazard in the event the resident was ambulatory or mobile in a wheelchair. If the fall occurred from the patient’s bed and the injury occurred at bedside and the intervention (for example, placing a mat on slippery areas) would not have created a risk greater than the benefit it would have created, then a mat may have been an appropriate measure to prevent an injury. In this case several questions need to be asked. After the fall and return to facility did the facility attempt to restore the resident back to their prior level of activity. Did they monitor for complications after the resident underwent the orthopedic procedure?” If you or a loved one has been injured by negligent medical care. Please feel free to call my office. We will evaluate the case at no cost to you. 1-888-760-7339