Time part two September 26, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: Certified Medical Records, HIPPA, hiring a lawyer, medical care
add a comment
I previously wrote a post ending with a question for the blogosphere. The general question concerned the remedies involved when a hospital destroys medical records before the mandated 5 year holding period. Well, Michael Brown of Peterson, Berk and Cross emailed me with an answer:
A provider’s destruction of medical records would also violate HIPAA federal privacy law. Your client could file a HIPAA complaint to Dept of Health and Human services, but the best that will yield is a slap on the wrist to the provider, with no civil claim or damages.
If the records were destroyed at a time the provider should have reasonably contemplated litigation would occur (e.g. if a hospital destroys records of a patient who suffered injuries during a medical procedure and is likely to file a malpractice claim), there may be spoilage law that applies. In the federal context, you can check out the landmark Zubulake cases, which set forth serious standards and penalties for document retention. Keyciting the Zubulake cases may lead you to influential State law cases concerning spoilage.
Thanks for the answer Mike. I think there should be more someone could do when their medical records are lost or destroyed. Any legislators out there that can help us out?
Rated? September 25, 2008
Posted by Attorney Jonathan Groth in Personal Groth.Tags: Wisconsin Personal Injury Attorney
add a comment
I’m not sure what Avvo is all about. But, I’m thankful for it nonetheless. It seems that I’m “superb” according to their rating system. Also, thanks to Attorney Sean Sweeney for the endorsement.
Thanks Avvo! Thanks Sean! You may know more about me than I do! Keep up the good work.
Should I give a statement to the insurance company? September 24, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: Allstate Insurance, hiring a lawyer, insurance settlement, recorded statement, wisconsin personal injury
add a comment
If you were in a collision and the at fault driver had insurance I’m sure you’ve asked yourself this question. That’s because one of the first questions out of the at fault insurance adjuster’s mouth is, “Can I record a statement?”
My standard answer to this questions is no. Don’t give a statement. If the at fault insurance company insists on a statement then wait until you hire a lawyer before giving a statement. You hire a lawyer to stand by your side and serve as your advocate through the entire process. Why give a statement before having that advocate by your side. (Remember my April 21, 2008 post talking about Allstate’s Claim Manual saying that Allstate knows that victims with insurance settle for 2-3 times more than unrepresented victims).
Remember, insurance companies are in the business of making money. That is certainly not wrong or illigeal by any means. But, what that means is they want to take in premiums and pay out as little as possible. That’s just the basic economics of insurance. So, insurance companies teach their insurance adjusters how to make sure they pay out as little as possible. That starts right away after the collision with the recorded statement.
This is especially important if liability it at issue. The at fault insurance wants to pin as much fault on you as possible. The facts are the facts but many times confusion, pain meds, frustration or other things get in the way of an injured person’s ability to clearly describe what happened.
So, if you are involved in a collision I recommend talking with an attorney before you give that statement to the at fault insurance company. I’m sure you’ll be glad you did.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Crivitz, Plymouth, and Germantown.
What to do: Dog Bite September 23, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: dog bite, dog bite attorney, Pit Bull Dog Bites, Wisconsin Dog Bite Law, Wisconsin Dog Bites
2 comments
I’ve written a lot about dog bites and my experience with litigating cases where pit bulls and other dogs have attacked and injured kids and adults.
But, right after the dog attacks what are you to do? I found this helpful check list written by a Doctor that is pretty easy to read. Knowing what do to after a dog bite should take some of the stress out of the already very stressful situation.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Janesville, Kenosha, Wauwatosa and Lomira.
Early Bird Ending! September 22, 2008
Posted by Attorney Jonathan Groth in Personal Groth.Tags: attorney
2 comments
I’m speaking at the Wisconsin Solo and Small Firm Conference that will be held at the Kalahari Resort in Wisconsin Dells. The conference will take place October 23-25, 2008.
Tomorrow is the LAST day for the early bird registration discounts. You can certainly register and reserve a room at a later date but you’ll lose the discount.
I hope to see you there!
UPDATE: I just reserved our rooms. You gotta check out the kalahari’s website. I hate to sound like an ad but for $139 a night (plus tax) you get a room with a kitchen, king sized bed and sofa sleeper, two tvs, patio and 4 passes to the water park. Can’t beat it. I hope you can join us at the conference.
Juror Appreciation Month September 19, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: jury trial, Personal Injury Lawsuit, Wisconsin Personal Injury Attorney
add a comment
It’s official. September is Juror Appreciation Month in Wisconsin. In every case I litigate before a jury I start out thanking them and end thanking them. Being on a jury is a civic responsibility (I think it would be kind of fun too but maybe that is just me). Even though it is our duty as citizens I’m always very thankful for jurors who take their job seriously. I can honestly say that it was a pleasure to “work” with every one of my juries.
If you currently or have been a juror in any County in Wisconsin remember that there are a lot of attorneys out here that are very thankful for your service. If you haven’t been selected for service yet don’t worry I’m sure your time will come. Once it does, enjoy it. It’s our civil justice system in action.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Beloit, Sheboygan, Wauwatosa and Slinger.
Wash ’em. September 18, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: medical care, Wisconsin Personal Injury Attorney
1 comment so far
This is a very troubling story I found at the Wall Street Journal.
In short, an infection caused by the superbug C diff. is wreaking havoc on patients at hospitals.
The WSJ has a good run down about how this infection is caused and what hospitals are doing to stop its spread.
One of the most basic ways is to wash your hands with antibacterial soap andn water not alcohol based gels. Read the article and be an advocate for your health if you go to the doctor.
AIG Insurance September 17, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: AIG, auto insurance med pay, injury compensation, insurance settlement, underinsured motorist coverage, Uninsured Motorist Coverage
add a comment
I’ve received a number of calls from clients and potential clients asking about AIG’s financial situation and the federal government’s loan.
If you have auto insurance through AIG or if you were injured because of someone else’s negligence and they have AIG I’d recommend you read this article from WSJ.com.
Specifically:
AIG’s millions of insurance policyholders appear to be considerably less at risk. That’s because of how the company is structured and regulated. Its insurance policies are issued by separate subsidiaries of AIG, highly regulated units that have assets available to pay claims. In the U.S., those assets can’t be shifted out of the subsidiaries without regulatory approval, and insurance is also regulated strictly abroad.
I’m certainly no Wall Street expert but I think the Wall Street Journal’s writers know their stuff.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Kansasville, Marinette, Milton and Wauwatosa.
Merrier September 17, 2008
Posted by Attorney Jonathan Groth in Personal Groth.add a comment
The more the merrier. Pitman, Kyle & Sicula, S.C. has started a blog. Check out some of my posts over there.
Blog Stuff September 16, 2008
Posted by Attorney Jonathan Groth in Personal Groth.1 comment so far
Rob Teuber and I recently wrote an article for the Wisconsin Lawyer (the Magazine of the State Bar of Wisconsin). The article is about blogs. Surprised?
Jon Groth's Wisconsin Personal Injury Weblog 