“This is one of those cases that just makes you shake your head that a doctor could even think to do something like this,” remarked Charlie Donahue, a Manchester injury lawyer with offices in Keene, New Hampshire. “It certainly horrified the parents and prompted a medical malpractice lawsuit for good reason.” The baby in this case was left for dead in a plastic bin for more than four hours before a nurse discovered he was still alive and struggling to breathe.

At the time the baby was born in 2009 he was gasping to breathe and had an irregular and faint heartbeat. He did make a small cry at birth and moved his arms and legs. The doctor decided without consulting with anyone else, including the mother or a pediatrician, the baby would not live. He put the child in a plastic bin and left him on the counter, until the family could decide what they wanted to do with the body.

Four hours later, a nurse passing through the area discovered he was still alive and fighting to breathe. He immediately got resuscitation therapy and was transferred to a larger center for more specialized care. Three months later, he was considered stable but had suffered brain damage and other injuries as he was not provided with the proper care at birth.

The lawsuit states that a pediatrician should have been called right away to resuscitate the baby and place the child in the neonatal intensive care unit. Furthermore, the doctor was negligent in his care of the child and did not consult anyone about his decision that the child would not live. “In other words, the doctor was playing Satan, and his vile actions were criminal in the extreme and he totally botched it,” Donahue said.

“Medical negligence? Yes. At birth there was no timely or appropriate diagnosis, intervention, treatment or care. The child was shelved in a plastic bin based on one person’s opinion without input from anyone else. A shocking state of affairs to say the least,” added Donahue.

The medical malpractice lawsuit seeks unspecified compensatory damages. The hospital where the doctor was employed indicates he no longer works there and his medical license expired in May. While this case may be difficult to try, it is one that definitely needs to go to court.

To learn more about New Hampshire personal injury lawyer Charlie Donahue, visit http://www.donahuelawfirm.com.

Donahue Law Firm
143 West St.
Keene, NH 03431
Call: (603) 357-2363
Toll Free: (800) 498-4554

“The case in point here is Robert M. Bono v. Chicago Transit Authority (882 N.E.2d 1242 (2008)), and it deals with what initially appeared to be a wrongful dismissal,” recounted Timothy Coffey, a Chicago employment lawyer and principal attorney for The Coffey Law Office, P. C., an employment litigation firm dedicated to representing employees in the workplace.

Mr. Bono, previously a Chicago Transit Authority supervisor, was discharged for the improper personal use of the phone to a call a customer while he was working. Bono got his pink slip on September 15, 2005, and it detailed the rules he had violated due to making a phone call at work on August 25, 2005. Bono asked to have a “for cause” hearing before the Chicago Transit Board. The Board hearing involved three witnesses – a criminal investigator from Chicago Transit, Bono’s supervisor, and the complainant, Lisa Johnson.

Johnson was an email applicant for a Transit fare card, and she called in to complain about a phone call she had received from a Transit employee. That employee was identified as Bono. He admitted he phoned Johnson, as he thought he knew her, and that it was poor judgment that would not happen again. Bono further admitted he joked about a town in Minnesota, called Moorhead, where he had family.

On further questioning, he admitted it was not a joking matter as it was only funny as a sexual joke, making reference to “more head”. The Transit Authority fired him as his behavior in using personal customer information to call the complainant and making sexual jokes was considered to be a serious matter. Furthermore, they felt since this incident happened once, there was a risk it would happen again despite Bono’s 22 years of service without any problems.

On February 15, 2006 the Board affirmed Bono’s dismissal. He filed a writ of certiorari to the circuit court, for a review of the Board's decision. The trial court upheld the Board’s findings. Bono appealed once more. The Appellate Court had to decide if the Board’s decision to fire Bono was against the weight of the evidence. The Board’s decision was reviewed, as they were the fact finders making a determination of credibility. (Kimball Dawson, LLC v. City of Chicago Department of Zoning, 369 Ill.App.3d780, 786, 308 Ill.Dec. 151, 861 N.E. 2d 216 (2006))

In order to find that the Board had decided against the evidence, this would have called for finding that all reasonable individuals would find the opposite conclusion readily apparent. (North Avenue Properties, L.L.C. v. Zoning Board of Appeals, 312 Ill.App.3d 182, 184, 244 Ill.Dec 469, 726 N.E. 2d 65 (2000))

There was no reason to present the complainant at the hearing or in court. Bono admitted he made a personal call from work based on information he garnered from the complainant’s email request for information. He indicated he thought he knew the woman, meaning it was a personal call to that person alone as no others were made that day. The Board's finding that Bono conducted personal business on company time, using company resources, was within the manifest weight of the evidence.

Was the decision to fire Bono arbitrary and unreasonable and were the Board’s factual findings enough to support his discharge? (Applegate, 335 Ill.App.3d at 1062, 270 Ill.Dec. 521, 783 N.E. 2d96) The Appellate Court did comment that Bono’s firing was steep considering his long service without incident. However, it is not within the Court’s purview to figure out a lesser-punishment or devalue the effect of that decision.

Ultimately, the Appellate Court upheld the Board’s decision. The petitioner Bono did not win this case. “It is a good example of how things may go awry in the workplace environment, and of how careful you need to be to not step outside defined boundaries when dealing with another’s personal information. Certainly, it also speaks to the unwise sexual comments made to another. The case clearly points out that people must take responsibility for their actions and words while dealing with other people,” added Coffey.

Timothy Coffey is a Chicago employment lawyer and principal attorney for The Coffey Law Office, P. C., an employment litigation firm dedicated to representing employees in the workplace. To learn more or to contact a Chicago employment attorney, visit Employmentlawcounsel.com.

THE COFFEY LAW OFFICE, P.C.
351 W. Hubbard Street, Suite 602
Chicago, IL 60654
Call: 312.627.9700

“There was a time when doctors first thought that medical malpractice reform was a knight in shining armor, and perhaps, at first blush, it was. Over time, medical malpractice reform has demonstrated something that attorneys have known for a long time: that the medical malpractice system is still as unfair and unjust as ever,” remarked Christopher Mellino. Mellino is a Cleveland medical malpractice lawyer of the Mellino Law Firm LLC, in Ohio.

Medical malpractice reform is beginning to take on a whole new face, one that many people did not expect to see. Doctors are leaving smaller practices and flocking to larger institutions for several reasons. Often they are left with little choice but to abandon their own practice and make the move in order to survive economically. It is also easier to practice medicine when one’s employer pays for the medical malpractice insurance.

More and more, the media is running stories about doctors waffling on the issue of tort reform. They are not so much agreeing with the theory that tort reform causes defensive medicine, and not often linking medical malpractice lawsuits to liability insurance premiums driving the good doctors out of practice.

“The issue is even simpler than that. It has to do with how unfair the system is, and how innocent victims are suffering for medical mistakes. As for defensive medicine, the tests called for before tort reform, are the tests called for after tort reform. A good doctor is a good doctor, and will order what tests they think are required. For those who do not do that, tort reform had and has nothing to do with their negligence,” added Mellino.

The simple truth of what is now transpiring across the nation is that private practice physicians are becoming scarce, slowly but surely. Doctors in smaller offices are seeing their patient base erode, thanks to larger, bigger, newer, and supposedly better medical institutions arriving in the neighborhood. Many consider this to be part one of the changing face of medical care in America.

Part two is that doctors want to become employees of the bigger hospitals and other multi-discipline organizations. The reasons for this vary, but include their wish to have reasonably regular hours, family time, less paperwork, not have to worry about making a payroll for staff, or chase insurance companies for the money they are owed and last, but not least, they do not have to pay their own medical malpractice premiums. “That does not mean they can’t still be sued, because they can, but it does mean they do not have as much at stake as a private practitioner,” Mellino pointed out.

“In the meantime, medical malpractice reform continues on; not fairly, not justly, not compassionately and not in the interests of the victims,” said Mellino. “Only an experienced medical malpractice lawyer has the care and concern to assist those who need compensation for injuries received at the hands of a medical health practitioner.”

To learn more or to contact a Cleveland Medical Malpractice attorney or Cleveland malpractice attorney, visit http://www.christophermellino.com.

Mellino Law Firm LLC
200 Public Sq., Suite 2900
Cleveland, Ohio 44114
Call: (216) 241-1901

“New toys and youth accessories come out every day and some are imported that might not have strict standards,” said Waxahachie personal injury attorney John Hale, of The Hale Law Firm. “Plus parents need to be aware of desk accessories, magnets on stationery, and other office and organization supplies. Magnets might come loose and fall within reach of a child.”

When magnets are swallowed, they can cause serious injuries. Holes in the stomach and intestines, blood poisoning, intestinal blockage, and death can occur. Emergency room personnel say the internal damage is on par with bullet wounds. If a magnet must be removed surgically, doctors most likely will have to repair a child's intestines or stomach.

“A child's pain and suffering, medical bills, and other costs can place a great burden on parents,” said Hale. “Anyone dealing with a defective product should call an experienced product liability attorney to see if the manufacturer was in violation of CPSC standards.”

Because magnet components are often small, choking does not occur in many cases where the magnets are swallowed. The CPSC recommends that parents be on the lookout for unexplained nausea, abdominal pain, and diarrhea.

Recently, several cases have been reported of teenagers accidentally ingesting magnetic beads worn as necklaces. Many teenagers chew on their necklaces. “Some forget that they are composed of magnetic beads and inadvertently swallow one or more,” said Hale. “Embarrassed or afraid, children may not tell their parents that they swallowed a magnet.”

It is critical that you seek immediate medical attention if you suspect that a loved one has swallowed a magnetic component. Once you have addressed the medical emergency, it is important that you speak with a product liability attorney. “We want to find out what went wrong,” said Hale. “Did the product designer, manufacturer or retailer act negligently and if so, how should we seek compensation for injuries sustained?”

John Hale is a Texas defective product lawyer and Ellis County personal injury lawyer helping injury victims near Dallas, Texas. Learn more at http://www.hale911.com/.

The Hale Law Firm
100 Executive Court, Suite 3
Waxahachie, TX 75165
Call: 888.425.3911

The Senate Judiciary Committee was scheduled to hear testimony at the end of January from members of Florida Alimony Reform. Proponents of alimony reform say the current laws are draconian and reflect a mid-20th century approach to divorce in a 21st century world.

“The proposed changes to Florida’s alimony rules will certainly make a dramatic difference in how much money one spouse can expect from the other and for how long,” said Brandon divorce attorney Joshua Law. “This legislation would change the landscape considerably.”

Reform advocates hope to place limits on the amount and the length of alimony awarded in divorce cases. They also want to change the rules about cohabitation so people collecting alimony would lose it when they moved in with someone else. As the law stands today, alimony is usually only taken away after a former spouse gets remarried, so many simply do not get remarried so they can still collect.

“Some proposals in the new law would allow people who had crippling alimony judgments in the past to be able to come back to court and ask for a new decision that has an end date,” Law said. “So many people walk away from court hearings with a lifetime award. Many cannot even retire at a decent retirement age.”

If passed, the new legislation could allow people to introduce the income and assets of their former spouse’s new partner for the purpose of reconsidering alimony payments.

“Divorcees who think the lifetime alimony they have been paying to their former spouse is unfair should keep their eye on this legislation,” Law said. “We may be able to go back to court and get a new judgment.”

To learn more or to contact a Brandon family law attorney or a Brandon divorce lawyer, visit http://www.brandonlawoffice.com.

Osenton Law Office, PA
500 Lithia Pinecrest Road
Brandon, Florida 33511
Call: (813) 654-5777

“The research has shown that these devices are not helping patients and, in fact, they are sometimes causing additional harm and even death,” Briskman said. “The Food and Drug Administration needs to review this product to determine if it is safe for consumers or if the product should be off the market.”

The Wingspan Stent System, which was approved by the FDA in 2005, is a mesh tube placed into the narrowed arteries of a previous ischemic stroke victim. This is intended to help supply blood flow to the brain. A former FDA official started a petition last December to raise awareness concerning the Wingspan System because research that shows that it was not adequately studied before approval and is dangerous.

“Many want this medical device recalled, and I think the FDA needs to explain how a device so clearly unfit for use could have been approved in the first place,” Briskman said.

The FDA’s standards for approving Humanitarian Use Devices like the Wingspan Stent System are lower than they are for other devices. Therefore, Boston Scientific did not have to prove the Wingspan’s effectiveness before the FDA approved the device, according to Public Citizen, a nonprofit watchdog group.

A post-market study by the National Institutes of Health has shown that the risks from the device outweigh the probable benefits compared with other forms of treatment.

“Doctors need to follow up on patients who have this stent system and patients should consult a qualified attorney if they have had any serious complications with this device,” Briskman said.

To learn more about the Chicago medical malpractice lawyer or Chicago wrongful death lawyer Robert Briskman, visit http://www.briskmanandbriskman.com or call 877-595-HURT (4878).

Briskman Briskman & Greenberg
351 West Hubbard Street, Ste 810
Chicago, IL 60654
Phone: 312.222.0010
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“When each person is contributing to the household and they want to truly make sure each person is doing so fairly and with an eye toward the future, a cohabitation agreement can make sure each person knows their duties and responsibilities,” said Orange County family law attorney Gerald Maggio. “This type of agreement helps set the future up for success and all the anticipated events that could happen.”

A recent study in the journal Family Relations echoed similar findings. Many people do not want to plunge into marriage, but decide to live together. More than 65 percent are worried about divorce and the economic, social, legal, and emotional fallout that can happen with a failed marriage. The study interviewed cohabiting women and men between 18- and 36-years-old.

“The study showed a similar percentage desire to marry only once, so cohabiting is a way to test the waters,” said Maggio. “They are living like a married couple but without the piece of paper and a ring.”

A cohabitation agreement can go beyond just financial duties and child responsibilities. “Many couples use it to state their health care wishes, the division of assets and debts, and wishes for each other,” said Maggio. “This can be important in the event of a crisis and there are opposing sides of the family.”

To learn more about the Maggio Law Firm or to contact a Orange County cohabitation agreement attorney, visit http://www.maggiolawfirm.com.

The Maggio Law Firm
Main Office
8105 Irvine Center Drive, Suite 600
Irvine, CA 92618
Call: (949) 553-0304

Riverside Office
3750 University Avenue, Suite 670
Riverside, CA 92501
Call: (949) 553-0304

Anaheim Hills Office
160 North Riverview Drive, Suite 200
Anaheim Hills, CA 92808
Call: (949) 553-0304

No one likes to think it will happen to them, but the years go by and an estate plan that was drafted years ago needs to be looked at much like going to the doctor for an annual checkup. “You should do an annual review to see if any big life events have occurred,” Hale said. “What if a parent was diagnosed with Alzheimer's Disease – do you have a plan to protect them against nursing home spend-down? What if you had a child – have you checked to make sure they are properly provided for in your Will?”

All of these types of events necessitate an estate plan review. Banking, insurance and retirement plan beneficiary designations should be reviewed with consideration given to whether a certain type of trust is needed. Guardians for children, executor of the will, and who has power of attorney should also be assessed.

“Even if you live an uneventful life, things gradually change over time. As children and grandchildren enter adulthood, you should reconsider whether or not to treat them equally. Some of them may mange their personal and business affairs wisely. Others may develop alcohol or drug dependency. It is important that you consider how your estate plan will affect your loved ones,” said Hale. “Will it help them help themselves or will it enable them to act irresponsibly?”

The law is also subject to change. Every year, the federal government debates important changes that may significantly affect your estate plan. Recently, important changes have been made to federal estate tax and health care laws. In Texas, the legislature meets every two years. On January 1, 2014, the Texas Estates Code will replace the current Texas Probate Code. “Even seemingly minor changes in the law can result in major shifts in regulatory policy and judicial interpretation,” said Hale. “Words matter.”

John Hale is a Dallas estate planning lawyer and Dallas elder law attorney with The Hale Law Firm. To learn more about the Dallas elder law firm and Dallas estate planning, call 972.351.0000 or visit http://www.thehalelawfirm.com/.

The Hale Law Firm
100 Executive Court, Suite 3
Waxahachie, TX 75165
Call: 888.425.3911

“More than 35 members of the bar volunteered to help the students coordinate the event and coach and judge them,” said Ordog, who also is a New Jersey guardianship attorney at Begley Law Group. “The students show great promise and leadership skills.”

Ordog also has been busy as the Chairperson of the Burlington County Bar Association probate committee. The committee reviews a variety of practice points, meets with the Judge of the Probate Court to review procedure and process., and hosts guest speakers at monthly meetings. As the Chairperson, Ordog schedules seminars presented by the committee, coordinates general communications with the bar and bench, and encourages members of the bar to participate in events.

“The committee is always looking at ways to promote and advance the field of probate and estate planning,” said Ordog. “Our members are devoted to quality legal services and promoting better understanding of the problems people face and how the justice system can improve.”

Attorney Ethan Ordog practices law at Begley Law Group throughout New Jersey and the U.S. District Court for the District of New Jersey. He is active in the New Jersey Bar Association, the Burlington and Camden County Bar Association, and the American Bar Association.

To learn more about the Begley Law Group or to contact a New Jersey estate planning attorney, call 1.800.533.7227 or visit www.begleylawgroup.com.

Colleen Caruso
Begley Law Group, P.C.
509 S. Lenola Road, Building 7
Moorestown, NJ 08057
Tel: 800.533.7227

The website at http://www.flcrimedefense.com/ is an easy-to-use reference guide for people who have been accused of a crime and need quick information about their rights.

“Being charged with a criminal offense can be a frightening and confusing experience,” Grajek said. “Many people have questions about their rights and the criminal process and we want to make it easy for them to get answers.”

To help with rapid response, the website has an easy-to-use free consultation area where prospective clients can do an online chat with Lakeland criminal defense lawyer Grajek to learn about their legal options and what the next steps are to protect a citizen’s rights.

“The legal system can be a scary world to try and navigate,” Grajek said. “Our firm will be here with you at each step to help you understand your options, the criminal justice process and the possible penalties.”

The new website has detailed information about common concerns when arrested for a variety of crimes from DUI and drug charges to sex crimes and robbery. It also has a helpful page explaining the process of sealing and expunging records.

The new website does not include the badge of a former prosecutor because Grajek has dedicated his career to serving the accused.

“I have always been a criminal defense trial attorney,” Grajek said. “I am better suited to serve my clients because of my dedication to people who have been accused of a crime.”

Grajek is an aggressive criminal trial attorney with experience in the courtroom who will speak up in court for his clients.

For more information about Lakeland criminal defense lawyer Thomas Grajek, go to http://www.flcrimedefense.com/ or call 863-688-4606.

Thomas C .Grajek
206 Easton Drive, Suite 102
Lakeland, FL 33803
Phone: 863.688.4606

“During the winter months, we rely on our heaters to keep us warm, and so did the elderly man in this case. He was 86-years-old at the time of his death from carbon monoxide poisoning and smoke inhalation,” explained Brooks Schuelke, an Austin personal injury lawyer with Perlmutter & Schuelke, L.L.P.

The man’s daughter found her father in the bathroom, blanketed in soot. Her horror and grief knew no bounds when she further discovered that the furnace installed in her dad’s home in 2009 was in violation of several state safety codes, that the company that installed it did not bother to get a permit from the city for work and that the installer did not run a combustion test.

The daughter had not been able to reach her father by phone and became worried about him. She drove to his home, and when she walked through the house, she discovered smoke and soot all through the house. In fact, she was unable to see where she was going without hugging the walls. She finally found her dad in the bathroom. Almost overcome from the fumes herself, she managed to get out of the house and call 911. The four police officers that arrived also needed to be treated for exposure to the toxic fumes in the house.

On further investigation, it was determined the 18-month-old furnace had been installed without a permit; something the company did admit was overlooked. “The permit was not the only oversight in this awful story,” added Schuelke. “Investigators discovered a pipe too small for the flue, a chimney completely clogged with soot and a connector pipe installed in the wrong location and positioned too close to flammable materials.”

The daughter filed a wrongful death lawsuit, and as part of that suit, the company was expected to turn over the results of the combustion test they said they performed. It was never produced, not even during the initial stages of the investigation into the man’s death. Although the lawyer for the plaintiff attempted a settlement, the company indicated they would not offer any settlement.

“The case will be going to court, with a full report by the state fire marshal included in the evidence. The plaintiff is seeking unspecified damages, as well as punitive damages for her father’s wrongful death and for violating the state’s consumer protection laws. While it is difficult to say if the plaintiff will be successful, it appears that she should be based on the persuasive evidence presented in the case,” opined Schuelke.

Wrongful death cases are never the same, other than the outcome is a death that should not have happened, but for the negligence of another person or entity. They are also cases that are filed in accordance with a wrongful death statute in force in the state the person lives in.

“For this reason, and because wrongful death statutes vary from state to state, it is necessary to speak to a seasoned personal injury lawyer to find out how to proceed in cases such as this,” Schuelke advised.

To learn more or to contact an Austin personal injury attorney or Austin injury lawyer, visit http://www.civtrial.com.

Perlmutter & Schuelke, LLP
1717 W. 6th Street, Suite 375
Austin, Texas 78703-4868
Call (512) 476-4944

“One of the first things to do is to get a new power of attorney,” said Brandon divorce lawyer Joshua Law. “Your ex probably had it before and your new power of attorney will nullify the old one. It can now be your parents or your sibling or whomever.”

Another important step is to change all of the passwords to your social networking sites, your bank accounts and anything that has any personal information about you, Law said. “New passwords will protect you during the divorce proceedings and afterward.”

Filing for taxes can be tricky because whether to file jointly will depend on where the divorce proceedings are in the process and how it will affect each member of the couple monetarily, Law said. “Fighting over how to do the taxes may be instinctive, but it is rarely useful.”

It also is critical to get a new will written right away. “This can be more important if a client has children that will need a guardian, but a new will should be near the top of a person’s list after a divorce.”

The guardian may be chosen in part by the mediation process between the couple, but if not it will likely be the decision of the parent who gets custody of the child or children.

To learn more or to contact a Brandon child custody attorney or a Brandon divorce attorney, visit http://www.brandonlawoffice.com.

Osenton Law Office, PA
500 Lithia Pinecrest Road
Brandon, Florida 33511
Call: (813) 654-5777

“Be sure your gas tank is full, you have a scraper or brush for the snow, and are alert before you drive to your destination,” said Connecticut personal injury attorney Michael Stratton, of Stratton Faxon law firm. “Serious and deadly accidents can happen if you are not cautious during winter storms.”

Drivers need to remember that it takes longer to get anywhere in wintry weather. Accelerating, braking, and turning takes longer, so be mindful of this when driving. The National Highway Traffic Safety Administration says that driving too fast and not keeping in the proper lane can be especially problematic in the winter months. Also, bridges and roads that are covered by trees or blocked from the sun can be dangerous as ice can stay on them longer. When news reports caution drivers about an impending storm, turn around and stay inside to be safe.

“If you are in a serious auto accident, get medical help first and then make your next call to an accident attorney that can determine who is at fault and what compensation you deserve so you can get better faster,” said Stratton.

The Insurance Information Institute also encourages drivers to remember about not warming up their vehicle in a closed garage. This can cause carbon monoxide poisoning. If an exhaust pipe gets blocked during a snow storm, it can also cause carbon monoxide to leak.

To learn more, visit the Connecticut personal injury law firm at http://www.strattonfaxon.com.

Stratton Faxon
59 Elm Street
New Haven, CT 06510
Call: 203.624.9500

“So many veterans were originally given a disability percentage that is simply too low,” said veterans disability lawyer Jim Fausone of Legal Help for Veterans. “I hope that the mailings planned by the PDRB reach many of the veterans who have been under-served by the disability benefits system.”

Since it began operation in 2009, the PDRB has raised the rating on about 45 percent of the veterans whose cases it has seen. Unfortunately, only one in about every 35 qualified veterans have sought to have their disability percentage upgraded. These low numbers have sparked the DOD to actively invite veterans to have their cases reviewed so that veterans who need physical disability benefits can get them.

The application forms and letters explaining the PDRB will go out in four batches this year with between 13,000 and 20,000 mailers per batch. Veterans who were medically separated between 2001 and 2003 can expect their mailers first. By October, veterans medically separated as recently as 2008 and 2009 will get the last of the packages.

“Veterans who were misdiagnosed when their service branch first checked them out have been underserved by the veteran's disability programs and are likely suffering because of that today,” Fausone said. “It is critically important that every qualified veteran apply to be re-evaluated.”

There are about 77,000 veterans who were medically separated between Sept. 11, 2001 and Dec. 31, 2009 with a disability rating of less than 30 percent. All of those veterans are due a re-evaluation because Congress determined that the service branches were too stringent with the disability ratings when they first applied them.

Veterans who need help accessing programs through the VA can contact a qualified veterans disability attorney.

James G. Fausone is a Veterans disability lawyer and Veterans attorney with Legal Help for Veterans, PLLC. To learn more or to contact a Veterans disability attorney or Veterans lawyer call 1.800.693.4800 or visit http://www.legalhelpforveterans.com.

Legal Help for Veterans, PLLC
41700 West Six Mile Road, Suite 101
Northville, MI 48168
Toll Free Phone: 800.693.4800

“It used to be that people could have an open container of alcohol in their vehicle and not be too worried about whether or not they would be pulled over for a DUI. Things have changed over the years and Texas has put its foot down, big time, when it comes to drinking and driving, which is how it should be,” stated Robert W. Lee, an Austin personal injury attorney of The Lee Law Firm in Austin, Texas.

In 2011, the law changed to read that if an individual is charged with a DUI in Austin, and they have a blood alcohol content or breathalyzer level over .15, they will face far more severe penalties. The legal limit, as most people know, is .08, although many seem to think they have never had that much in the first place, and they still try to drive.

Previously, an individual charged with DUI in Austin may have faced a fine of up to $2,000 and up to 180 days in jail. The new law states that if a person is arrested and charged with driving while intoxicated and has a blood alcohol concentration of .15 or higher, the fine may now range up to $4,000 with up to a year in jail.

“Texas got fed up with the number of deaths as a result of drunk drivers and put the hammer down to up the legal penalties for driving drunk. Will people smarten up and not drink and drive? Tough question. My guess is it will not stop die-hard alcoholics. Hopefully though, it will shake up those who drink and still think they can manage to handle driving a vehicle,” said Lee.

Drinking and driving is one of the stupidest things anyone can do. It is irresponsible, negligent and has the potential to kill not only the drunk, but other innocent people. What has happened to society that getting drunk is more important than caring about the safety of others? Is alcohol so much more important than not killing a child, a pregnant mother, a young father, a family on their way to visit friends?

It is difficult, if not impossible, to figure out the motivation for those who drink and decide to drive. Consider the case of the man who knew he was too hammered to drive, but he went ahead and drove. He got into three accidents that same evening. Even knowing he was not fit to get behind the wheel of a car did not stop him. “Sadly, the only thing that may stop a drunk driver is death. Unfortunately, their own death may not be the only casualty of a wreck,” Lee stated.

For anyone that has been involved in a car accident where the other driver is drunk, call an experienced Austin personal injury attorney as soon as possible. Do not let the insurance company take the case over and hustle to close the file fast and cheaply. Keep track of all accident related expenses, including medical care. “If you want justice, compensation and recovery, I am here to help you,” added Austin personal injury lawyer Lee.

To learn more, visit Austin personal injury lawyer and http://www.rwleelaw.com.

The Lee Law Firm
11824 Jollyville Road, Suite 302
Austin, Texas 78759
Phone: 512.478.8080

The law firm marketing company launched the “Love Your Marketing Company” promotion earlier in February and while Valentine's Day is behind us, attorneys can take advantage of the promotion until February 24th.

SEO | Law Firm™ is part of Adviatech, which is celebrating 7 years in business. The marketing company has launched a series of new products and services over the last year including the Bigger Law Firm magazine, a monthly publication written by legal marketing specialists.

This year, SEO | Law Firm is reaching out to law firms with a the $200

promotion and a bold marketing campaign that highlights a portion of the company's law marketing strategy and then asks, “Can your marketing company do that?”.

“A lot of the attorneys that come to us from larger companies are disgruntled not only about the results of their website and marketing plan, but their whole experience,” said Jason Bland, who manages Adviatech's legal marketing services. “From requesting changes that never got made to the fact that they have to build a brand new website because the company won't release the website they paid for or release the proprietary content management system that the site was built on frustrates them. We are a different kind of marketing company. Aside from delivering results, working with us is an entirely different, positive experience.”

This month, the company is promoting their services that allow a law firm's blog to become the center of their social networking and communication universe. A law firm can keep their blog up to date and simultaneously update their Twitter, Facebook, and LinkedIn profiles and generate monthly email newsletters. After SEO | Law Firm configures the system, SEO | Law Firm's staff or the client can post blog entries and the rest happens automatically.

Jason Bland explained, “We no longer have the luxury of focusing entirely on search engine optimization. Rankings are important but it is only one element of the entire process. You have to reach out to prospects on social networks, create content, and get qualified traffic from these networks and news sources. If you don't have a comprehensive strategy that uses all of these communication tools, your competitors will. Right now, law firms have the opportunity to be first in your market.”

The “Love Your Marketing Company” promotion expires Friday February 24, 2012. The $200 is taken off custom website design, semi-custom websites, or search engine optimization projects. The company's new rates for 2012 go into effect after the promotion, making this the last opportunity to save and secure terms reflecting last year's pricing.

To learn more about law marketing, law firm marketing, lawyer marketing, law firm marketing plans, and attorney websites visit SEO | Law Firm or call 1.800.728.5306.

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The objective of the Top 1% Trial Counsel for Medical Malpractice recipient-selection process is to provide the most accurate assessment of top medical malpractice attorneys and expert witnesses across the U.S. The selection process is objectively administered and designations are limited to less than one percent of practicing attorneys; winning parties are indicative of being among the elite medical malpractice professionals in a particular state. Recipients are selected from firms that received at least a 95 out of 100 rating from thousands of medical malpractice cases examined across the U.S.

Recognizing the importance of actual recent courtroom performance as the most reliable indicator of capability and excellence in counsel, Medical Malpractice Lawyers developed the only third-party administered multi-stage attorney and expert rating system. This system produces a list of the top one percent of plaintiff and defense attorneys, as well as expert witnesses, for medical malpractice litigation on an annual, state-by-state basis. The selection process takes into account the following:

• An analysis of the specific performance of attorneys or expert witnesses participating in the case
• Submissions of peer evaluations
• Third-Party research conducted to verify each candidate’s courtroom performance over the last two years
• Research into how many cases the candidate has taken to trial over the last 24 months, and which cases resulted in a successful outcome
• A partnership with VerdictSearch (http://verdictsearch.com) to obtain accurate news, detailed case reports and research on legal professionals

The Top 1% Trial Counsel for Medical Malpractice designation cannot be bought or self-nominated.
About Abronson Law Offices: Abronson Law Offices (http://redhouselawyer.com) is a Los Gatos, CA-based civil litigation firm focused on Personal Injury, Business Litigation, Fraud, Legal Malpractice and Medical Malpractice. The firm takes cases throughout the San Francisco Bay Area, and beyond, to champion its clients in legal battles through trial or settlement, arbitration or mediation, litigation or dialogue. Abronson Law makes certain that each client thoroughly understands their options so that they can make informed decisions regarding the progress of their case. The firm is distinguished by the ease with which clients are able to contact the attorney handling their case, as well as the degree of personal attention provided to each and every one of its clients.

About MedicalMalpracticeLawyers.org and "The Top 1% Trial Counsel for Medical Malpractice" Award: Medical Malpractice Lawyers is the leading independent publication dedicated to educating the public about their rights and role in medical malpractice litigation. To that end, Medical Malpractice Lawyers publishes The Top 1% Trial Counsel for Medical Malpractice ratings on an annual basis. The selection process for this award represents the most objective multi-phase plaintiff, defense attorney and expert witness rating system in existence based on a multi-tier rating system. For further information about The Top 1% Trial Counsel for Medical Malpractice award, please click here: http://www.medicalmalpracticelawyers.org/the-top-1-trial-counsel-for-medical-malpractice/

Abronson Law Offices
236 N. Santa Cruz Ave., Suite 227
Los Gatos, Calif. 95030
http://www.redhouselawyer.com

“There are times when you read the news and just shake your head at what goes on in the world. The latest material we read was from Maryland, where more than one Maryland doctor was charged with over-stenting. That in itself was bad enough,” pointed out Christopher Mellino. Mellino is a Cleveland medical malpractice lawyer of the Mellino Law Firm LLC, in Ohio. “But it got worse when the reports showed a doctor charged with putting a stop to this was still doing the same thing in his practice.”

The doctor in question was a cardiologist, who was asked to be a member of a committee to stop improper stenting. It turns out that a Maryland medical malpractice lawyer caught on to that fact and filed charges on behalf of a patient that had been wrongfully stented in 2005 and 2006. It was not just one doctor involved. There were three, including one that had already been found liable for over-stenting.

The lawsuit was interesting in that the three were accused of wrongfully stenting patients when they were partners in a now-defunct medical practice. “The accusations got worse in this case as the lawyer pointed out that the doctor in question also fluffed reports to make out that a patient’s heart disease was worse than it actually was, just so that he could have grounds to implant a coronary stent,” explained Mellino. Needless to say, the fact that the doctor was nominated for the Technical Advisory Group to deal with the issue of over-stenting casts a nasty shadow of suspicion on the work of the committee as a whole.

One of the other doctors, of the three that had been reviewed by the state Board of Physicians, had his license yanked. He had performed at least 369 unnecessary coronary stents. That issue ended in a whistleblower lawsuit in which the hospital that employed that physician paid out $22 million.

The list does not stop with just the three cardiologists recently mentioned in the news. Yet another physician was charged with implanting stents for no reason, so that he could defraud Medicaid and Medicare. “That doctor is in jail for at least eight years and has also been ordered to pay $600,000 in restitution. Think about that, a doctor performing a serious procedure that is not necessary in order to make money. The word guinea pig comes to mind for their unsuspecting patients,” added Mellino.

When greed overrules good judgment and ethics, there is a serious problem. There is also a serious problem when this type of practice is prevalent in many other states. What that says about human beings, and in particular doctors, is not particularly encouraging.

To learn more or to contact a Cleveland Medical Malpractice attorney or Cleveland malpractice attorney, visit http://www.christophermellino.com.

Mellino Law Firm LLC
200 Public Sq., Suite 2900
Cleveland, Ohio 44114
Call: (216) 241-1901

“The alleged sexual assault and battery committed in this case in 2004 was perpetrated by Dr. Long Han. The original case went to appeal on the issue of whether or not violations of the Gender Violence Act (740 ILCS 82/1 et seq. (West 2004)) could be retroactively applied. The appeal court decided the Act may ‘not’ be retroactively applied,” explained Timothy Coffey, a Chicago employment lawyer and principal attorney for The Coffey Law Office, P. C., an employment litigation firm dedicated to representing employees in the workplace.

The details of this case are rather disturbing as it appears the employer negotiated to help the doctor hide his history of violence committed against patients and female co-workers. The doctor was an anesthesiologist and worked for the University of Chicago in the department of anesthesia and critical care. He was employed there from 1989 to 1999. Over that time, the university was made aware of six allegations of gender-related violence and sexual harassment complaints.

The university acted on those allegations by signing a confidentiality agreement with Dr. Han, and had him tender his resignation in return for the university not telling anyone about the complaints. This agreement also included a pre-written letter of reference written by the university for the doctor to present to prospective employers. It did not mention the sexual harassment allegations.

Dr. Han took his letter of reference and applied to MacNeal Hospital. The chair of the credentials committee asked the university for an honest and candid written appraisal of the doctor, with particular regard to his clinical abilities, his ability to work with others and his character and ethics. The request specifically asked whether or not there was any reason to be cautious in granting Dr. Han staff privileges. The letter the hospital got in reply did not mention sexual harassment.

Han was granted staff privileges and retained them until December 2004. In December 2004 a nursing intern, on an obstetrical rotation, was under Han’s direct supervision. The plaintiff nurse said the doctor asked her to his private office to discuss material related to her master’s studies. He slid his hand under her bra and touched her without permission or her consent. She left the office immediately. The nurse filed an amended complaint against Han, MacNeal, and the university to obtain compensation as a result of the sexual assault.

Her original court case had six counts. Count six alleged a cause of action against the defendant for violations of the Gender Violence Act. In summary, the act offers victims a right of action against the individual who committed the act and against those who encouraged or assisted the acts. (740 ILCS 82/5, 10 (West 2004).

Count six further stated that the defendant university covered up the doctor’s acts and the allegations by: signing the confidentiality agreement; not telling MacNeal Hospital about his history; not disciplining him; not insisting he receive treatment and accepting his resignation in exchange for not telling anyone about the sexual harassment complaints.

In the original court action, the defendant said count six was asking for something that could not be done – a retroactive application of the Act. The defendant stated all the alleged acts that violated the Act happened in 1999 prior to the Act going into effect in January 2004. The plaintiff appealed. In the final analysis, the appeals court upheld the verdict of the circuit court, in that the Act may not be retroactively applied.

In cases like this, a plaintiff needs the experienced counsel of a Chicago employment lawyer. Attempting to navigate the waters of such a complex subject without legal counsel would be a daunting move. A Chicago employment lawyer is the voice for the plaintiff who needs justice.

Timothy Coffey is a Chicago employment lawyer and principal attorney for The Coffey Law Office, P. C., an employment litigation firm dedicated to representing employees in the workplace. To learn more or to contact a Chicago employment attorney, visit Employmentlawcounsel.com.

THE COFFEY LAW OFFICE, P.C.
351 W. Hubbard Street, Suite 602
Chicago, IL 60654
Call: 312.627.9700

The ANLBC says that fans will likely confuse the movie with the Atlanta Braves baseball team. They state that the singular form of the word is used on merchandise and the media and fans often say it when referencing solo players.

“Trademark law helps to establish boundaries so that businesses do not mislead consumers to buy their products and businesses do not have to suffer from competition that is looking to trade off their profitable name or goodwill,” said Los Angeles entertainment litigation lawyer Anthony Spotora.

Trademark owners must protect their intellectual property rights, and many feel that all reasonable actions to prevent misuse, abandonment, and having them fall into public domain should be carefully monitored.

Currently, the two companies are in private negotiations over the movie name and the objections the ANLBC has. Some past disputes between movie studios and businesses have led to courtroom proceedings. Trademark infringement cases often involve disputes alleging unfair competition and how the guilty party should have requested licensing rights if a name or product association was vital.

To learn more about the Los Angeles trademark attorney or Los Angeles entertainment litigation attorney Anthony Spotora, visit http://www.spotoralaw.com/.

Law Offices of Spotora & Associates, P.C.
1801 Century Park East, 24th Floor
Los Angeles, California 90067-2302
Call: (310) 556.9641