Christmas Toys and Safety

Christmas is a time when we often lose sight of safety because we are swept up in the excitement of the season as are our children. Adults have a unique opportunity to prevent injury to our children this time of year. Things to keep an eye on: Small parts that are choking hazards for small children. This can be particular problem if you have children of different ages. Toys that have pinch points. Toys that have strings or elastic lines that can create both choking hazards and tripping hazards. Painted toys for children that still put toys in their mouths. Last year there was a significant problem with painted toys having a high lead content. The simple solution to this problem is to give unpainted toys. This blog is not intended to take the shine of the Christmas but to remind us all that an ounce of prevention is worth a pound of cure. Merry Christmas. Michael J. Quinn, Esq.

What Is A Board Certified Trial Lawyer?

To be a board certified trial lawyer, the attorney must: 1) try a certain number of cases to verdict; 2) take a specific number of depositions where testimony is given under oath; 3) receive the recommendation of judges before whom the attorney has tried cases; 4) receive the recommendations of attorneys against whom the lawyer has tried cases; 5) pass an exam in the specific field of law in which the attorney practices and is seeking certification, for example, negligence law.

Why should you care if your attorney is board certified? It tells you that the attorney has gained a certain level of proficiency in an area of law and practice. Michael Quinn, Esq.

What Is Med-Pay Coverage? It's A Bargain.

Connecticut long had no-fault coverage on every auto policy. It covered the first $5,ooo. of medical bills regardless of fault. In 1994 no-fault was abolished and replaced with a voluntary med-pay provision. Voluntary means you have to ask for it or your agent, if you have an agent, has to recommend it. In 1994 an argument could be made that no-fault was duplicative because generally Connecticut residents had health insurance. Now with so many people uninsured, med-pay is more important than ever. Even if you have good health insurance today, it may not be there tomorrow. The auto insurance companies have no interest in selling you this coverage. It is inexpensive relative to the benefit. It is often where GEIGO and PROGRESSIVE "save" you money on your policy. It pays for doctors, physical therapy and diagnostic studies like MRIs. After you read this do three things: Look at your policy to see if you have med-pay. How much do you have and what does it cost? Call an independent insurance agent and see what it will cost if you add it. Add the most you feel you can afford. It is a bargain. Michael Quinn, Esq.

Arrested For Health Care

Connecticut residents were arrested at Senator Lieberman's Washington office this week for protesting his decision to filibuster the health reform proposal. The reason: It provides that states can determine if they want a public option. I continue to be confused by the fact that members of congress all have publicly funded health insurance but some, Senator Lieberman included, do not want the citizens to have the same option. If it is so evil, why not give it up and go into the private market like the rest of us? Michael Quinn

Insurance Industry "Study"

Here is a surprise: The health insurance industry conducted a study that concluded health reform will increase premiums. Interestingly, they told the accounting firm that conducted the study that it was only permitted to look at four factors. The accounting firm makes note of this fact. It concludes that because of the limitations placed on it by the insurance industry the report is only as good as what it studied. This week the President attacked the industry for being dishonest. He threatened to remove the industry's protection from the anti-trust laws. Did you know health insurance companies were not subject to anti-trust laws? Small wonder there is no competition.

Senator Joseph Lieberman And The Public Option

Senator Lieberman made it clear on October 14, 2009, that he is firmly opposed to any health care reform bill with a public option. So why doesn't Senator Lieberman give up his publicly funded health insurance and go out into the market place and purchase private health insurance for himself and his family? Senator Lieberman can be reached at: lieberman.senate.gov/contact

Trial Lawyers and the Cost of Health Care

If trial lawyers are the cause of the high cost of health care, and Tort Reform is the answer, then why does McAllen Texas have the most expensive health care in the nation? Texas has some of the most restrictive legislation regarding malpractice claims in the nation. Yet, in McAllen Texas the cost of medical care in nearly twice the national average. Why? The answer is simple: over-utilization. Who benefits? Doctors who are compensated for procedures not care. They are the ones being rewarded. Defensive medicine cannot be blamed because malpractice claims have been virtually eliminated as a result of the legislative limitations. As the health care debate continues and and the red herring of malpractice is paraded as the problem, remember McAllen Texas. Michael Quinn, Esq.

Insurance Company Profits

Should health insurance companies be not-for-profit or for-profit entities? The theory is that profit increases competition, innovation and is generally beneficial to the general good. This idea certainly makes sense for computers and cars. In those industries risk and innovation result in benefits to the consumer and reward the stock holder. General Motors is a perfect example of what happens when, in a competitive industry, there is a lack of innovation.
Health insurance companies have no interest in innovation and risk. This is why they attempt to insure the healthy. Medicine, by contrast, has an interest in innovation and new therapies. As a result, the entities that fund medicine are at odds with medicine, because innovation often increases cost, at least in the short run. Today 23 cents of every insurance premium dollar represents profits and the cost of advertising. It has nothing to do with patient care. This is why the health insurance carriers are so opposed to a public option. Once the 23% profit margin is removed, the public option could provide the exact same benefits for twenty-three percent less without reducing care or doctor compensation. Michael J. Quinn, Esq.

Who Pays For Health Care?

I just received a bill for shoulder surgery that my son had to have. The surgeon's bill was $11,000.00. The insurance company paid $2,000.00. I owe nothing additional. If I did not have health insurance that covered my son, I would owe the entire $11,000.00. How is this fair? How can people, who do not have the ability to buy health insurance, afford to pay the entire surgical bill? The answer is they can not pay, they do not pay. They are often forced into bankruptcy because of these medical bills. This arrangement is not good for doctors, it is not good for people with insurance and is especially harmful for those who do not have insurance. The public option will help everyone. In a recent poll 75% of doctors favor a public option. Michael Quinn, Esq.

Injuries Caused By Drunks

Connecticut, like most states, permits a person injured by a drunk to sue the seller of the alcohol if the drunk was intoxicated at the time of the sale. That right was created by statute long ago. More recently the Connecticut Legislature raised the cap on the monetary damages the injured person could receive in such a claim. What the Legislature did not do, and refuses to do, is require sellers of alcohol to carry insurance for such claims. Many bars that are the worst offenders have no insurance. Routinely, these bars rent the space they are in and have no assets. It is ironic that we require doctors and drivers of cars to have insurance to cover their mistakes, but a bar that serves a drunk and then puts that person on the road is not required to have insurance. Some have argued that it would be prohibitive for some bars to carry this kind of insurance. Good. If a bar has a history of putting drunks on the road, then the public is better off without them. Michael J. Quinn, Esq.

Are Trial Lawyers A Special Interest Group?

We have been hearing a great deal about health reform. I previously noted that special interest groups are likely to be the down-fall of health reform. Trial lawyers are spending their own money in Washington. No doubt there is self-interest in the Trial Lawyers' effort to protect peoples' right to bring claims. What is different is that people who are injured through medical negligence have no one to speak for them. Insurance companies and drug companies are not looking out for the patient. If the Trial Lawyers are successful in protecting the rights of victims of malpractice. It is the patient who is the beneficiary of those efforts. Michael J. Quinn, Esq.

Tort Reform Caps On Pain and Suffering

Caps on pain and suffering, do they work? That is, do caps reduce the cost of health care as the medical profession claims? The simple answer is no. Texas has had the $250k cap on pain and suffering. It has had no effect of health insurance rates. It has not reduced the cost of health care in the state. The only thing it has done is limit the rights of persons injured by medical malpractice. Michael Quinn, Esq.

Tort Reform and Health Care Reform

President Obama mentioned Tort Reform as part of his health reform initiative. What is Tort Reform? It is the limitation on a person's ability to bring a claim or a limitation on the compensation a person may receive as a result of injuries caused by another person's negligence. Doctors have been the principal proponents of this idea. Like anything that limits a person's rights, it sounds reasonable until it is you. The most frequently promoted idea is a limitation on non-economic damages or pain, suffering and the ability to enjoy life. The dollar limitation that is put forward is $250k. In thinking about this consider the real case that occurred in a southern state: A boy was born in a well regarded hospital. When they circumcised him they cut off the head of his penis. There were virtually no economic damages associated with this injury. This under the Tort Reform limitation he would receive no more than $250k for this lifetime loss. Is this fair? Michael Quinn, Esq.

Bikes On Connecticut Roads

We all drive cars. A few of us ride bikes on the road. Because few roads have bike lanes or even break-down lanes, bike are an annoyance to drivers. Nevertheless, biking is good for health and the environment. Connecticut, the most affluent state in the country is especially unfriendly to bikes. In fact, Connecticut ranks 48th out of 50 states in terms of being unfriendly to bikes, that is, only two states are more hostile to biking than Connecticut. Every time I see a child on his or her bike being passed by a car I cringe hoping no contact occurs. Perhaps we can all be more mindful of the fact that cars and suvs can weigh 2 or 3 tons, bikes with a rider as little as 75 lbs. We can all remember riding our bikes to school, baseball practice or the store for a quart of milk. Let's make Connecticut a more bike friendly state for our kids and the adults who chose to ride. Michael Quinn, Esq.

Politics As Usual

It is now controversial to encourage children to stay in school and work hard. How will we address major problems as a nation if we fight over the President addressing school children? Michael Quinn, Esq.

Defensive Medicine and Trial Lawyers

This is the first posting in what we hope will be both informative and provocative.

Defensive Medicine: Trial lawyers are being accused of causing doctors to engage in defensive medicine. Defensive medicine is performing tests and procedures that are unnecessary. Unnecessary for whom? Not me or you if we are the patients.
It reminds me of the debate over seat belts in cars. The auto industry claimed they were an unnecessary expense for consumers. Today, ask anyone who has been in a head-on crash if they think seat belts are an unnecessary expense.
Similarly, ask any woman who has had her doctor tell her not to worry about the lump in her breast, only to find out too late that she has advance breast cancer, if she thinks a mammogram would have been an unnecessary procedure. Defensive medicine is only defensive medicine if you are not the patient.
Michael J. Quinn, Esq.