Professional negligence

Workers’ Comp “Reform” Leaves Injured in Poverty, Insurers Raking in Big

Chris Welsh, Esq. welsh-law.com Workers’ compensation, more commonly known as “workers’ comp” has been a contract between employers and workers for more than a century: workers forfeit their right to sue and employers pay for insurance that covers medical bills and wages. Sadly, in recent years there has been a dismantling of this age-old dignity. Roughly a decade ago, the federal government–a long time advocate and protector of workers’ compensation–quit monitoring state laws on the matter. According to a new study by NPR and ProPublica, states have drastically cut workers’ benefits since this disappearance of oversight. Today, it can be …

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Truck Driver Behind CA Metrolink Derailment

Chris Welsh, Esq. A truck driver making a bad turn onto railroad tracks is the cause of the recent pre-dawn derailment of a California commuter train that put twenty-eight people in local hospitals, four in critical condition. Jose Alejandro Sanchez Ramirez, 54, of Arizona, claims to have taken a wrong turn onto the tracks where he faced a head-on collision and abandoned the truck beforehand. He was found 1 ½ miles away and has been charged with a felony hit-and-run. Thus far, investigation shows that the truck may have become stuck on the tracks. Upon collision, the truck was engulfed …

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PA Health Department Says Inspection Reports Not For Court, Lobbyist Behind the Change

Robert Sachs, Esq. http://www.shragerlaw.com There is no question that very serious problems of neglect, abuse, and inside politics currently wrack the nursing home industry. Here in Pennsylvania, the fight to protect our elderly loved ones against such negligence and corruption is very real. Last year, the state health department posted a disclaimer that their “surveys” of nursing home compliance with safety regulations were not intended “to be evidence of compliance with any legal standard of care in third-party litigation.” In other words, inspection records were not to be used against nursing homes in court. This type of language clearly tries …

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GM OFFICIAL DEATH TOLL RISES TO 56

Chris Welsh, Esq. welsh-law.com Compensation expert Kenneth Feinberg has so far determined that the now notorious GM ignition switch defect, which was found to shut off the airbag and power steering, is responsible for 56 deaths. The new total has been climbing since the Jan. 31st deadline to submit claims to the compensation fund, which was set up due to the sheer size of the GM issue. Feinberg directed other mass compensation funds for other great tragedies, including the September 11th fund and one for the BP oil spill. As part of the process, those who submitted their claim for …

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Florida Appeals Court Says Pharmacy Could Be Negligent in Patient’s Death

Chris Welsh, Esq. www.welsh-law.com The Florida Court of Appeal, 5th District,  has reinstated negligence claims against a pharmacy in the death of patient Steven Porter, who was being treated for a stress syndrome (harrismartin.com). Allegedly, the pharmacy filled prescriptions that were lawfully written by a physician but unreasonable, thus breaching its duty of care to the patient. The appeals court concluded that the pharmacy could be held liable for failing to inquire why the patient’s doctor repeatedly prescribed drugs before previous prescription for that drug had been finished. It is alleged that the pharmacy filled up to 30 prescriptions for …

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