Doc's No Longer Fleeing PA

For years insurance companies and lobbying groups have been pushing for reform in medical malpractice cases due to the “Fleeing Doctor” myth. The insurance industry and various lobbying groups told you the consumer that if legislation was not enacted to puts limits on malpractice cases that all of the doctors would leave your state. You probably even saw posters or literature at your doctor’s office to that effect.

Unfortunately for the insurance companies and lobbying groups the hoax that they were trying to pull on the American consumer through the “Fleeing Doctor” myth has been shot down by the very organization that they say they are trying to protect. Namely, the American Medical Association.

A recent press release from the American Association for Justice (February 5, 2009) it outlines how “the AMA statistics show the number of doctors continue to rise nationwide and in every state. There are now twice as many doctors per capita than when the AMA began tracking physician numbers in the 1960s.”

The reality is the insurance companies and lobbying groups have one agenda and one agenda only, to strip away your constitutional rights to increase their bottom line. These organizations don’t really care about doctors, they simply care about maximizing profits at the expense of the consumer. If the insurance companies truly cared about people shouldn’t the emphasis be on improving patient safety, not closing the courthouse doors to individuals and their families.

ECONOMIC TURMOIL HITS THE ROAD

A recent article in the Wall Street Journal(December 17, 2008) noted that more and more drivers are letting their car insurance lapse as a result of the financial crisis. “Several hundred thousand drivers dropped their insurance in the past year as the jobless rate climbed.” This is bad news not only for the newly uninsured but for the those of us still insured as well. The chances of being in a collision with an uninsured driver are now significantly higher.

If you are injured who is going to pay your medical bills or compensate you for your lost wages. Chances are if the person who hit you let his or her insurance lapse because they could no longer afford the premiums, they are not going to have any money to pay for the harm that they have caused you. You can, however, protect yourself and your family by carrying uninsured motorist coverage. This is coverage that you pay for from your insurance company in the event you are hit by an uninsured driver. This coverage is designed to cover the harms and losses both economic and non-economic that you have suffered as a result of the collision.

As our economy continues to fail you cannot afford to be without this protection. If you already carry uninsured motorist coverage, look today to make sure that you carry enough coverage and if you don’t carry it, call your agent today to add it. The few dollars a month that this added protection affords can make all the difference if you or a loved one is hurt in a collision.

“RUSH TO JUDGMENT”

Recently Pennsylvania State Representative Phyllis Mundy, D-Kingston sent a letter to the state Attorney General requesting a postponement of the March 3, 2009 hearing regarding the sale of the Wilkes-Barre General Hospital. Representative Mundy said the public needed more time to review the 130 page court document regarding the details of the sale. The state Attorney General denied the request citing the current financial crisis as a reason to move forward with the hearing.

While the Attorney General has a valid concern with regard to the current economic crisis, shouldn’t the public be given adequate time to review the proposal? At the end of the day, the sale of Wilkes-Barre General Hospital has the potential to affect all the residents of the Wyoming Valley and Representative Mundy’s request for more time to review the details does not seem unreasonable.

This is especially true given that the buyers want to transform Wilkes-Barre General Hospital into a for-profit operation. Everyone agrees that economic concerns are important but aren’t patient care and safety just as important? We cannot afford to rush to judgment in this sale and sacrifice the quality of healthcare in the community simply because of the current financial turmoil.

Times Are Changing

Recently, Insurance Companies doing business in Pennsylvania took yet another step aimed at denying and delaying legitimate claims. Prior to the summer of 2007, if you had either an Uninsured or Underinsured motorist claim it could resolved by an arbitration before a panel of three lawyers. The process was simple, straightforward and saved you, the policyholder, considerable money. The panel’s decision was usually final and the process took significantly less time than going to court.

Now the insurance companies intend to use their mammoth resources and armies of lawyers against you. They have removed the arbitration provision from Underinsured and Uninsured motorist claims. Now if you don’t agree with how much your insurance company wants to pay you on your claim you have to sue your company.

Here is an example of how this will affect you. You carry $100,000.00 worth of Uninsured motorist coverage. You are hit by a drunk driver who carries no insurance, the exact scenario for which you purchased Uninsured coverage. You sustain a severe neck injury that requires surgery and keeps you out of work for one year. Your medical bills total $30,000.00 and the doctor has recommended future treatments. You have lost $60,000.00 as result of being unable to work. You file your Uninsured motorist claim and your insurance company offers $15,000.00 to settle your claim. Now you must file suit against your insurance company. What does this mean?

Most likely your case will not go to trial for two or more years. Also, your insurance company will surely try every trick in the book to further delay the claim. You must also remember that even if you win your case, your insurance company can appeal the result. The reality is you will not see a penny on your claims for two to three years. Sounds unfair, it is. What can you do?

First, hire a lawyer immediately. If you don’t, you are telling the insurance company that it is ok to continue delaying and denying your claims. Second, tell everyone that will listen to you that insurance companies are not your friends. They are making record profits and now want you to suffer as they continue to delay paying you money that you are entitled to, have paid premiums for and now desperately need.

Do I Need A Lawyer?

If the words limited tort, full tort, underinsurance, uninsurance and first party benefits do not mean anything to you, then the answer is clearly yes. Make no mistake, one of the reasons that the insurance company is calling you minutes or hours after a accident is to hopefully get to you before you have a chance to talk to a lawyer who will fully explain your rights. The insurance companies know that the less informed you are, the more likely you are to settle your case for far less than what you are entitled to.

There is no question, you need a lawyer, and not just any lawyer. You need a lawyer that focuses his or her practice on fighting for the injured. The worst moment for an insurance company is when you tell them that you have a lawyer. At that point, the insurance company knows that you cannot be misled into settling your claim for anything less than what you are entitled to.

At Fellerman & Ciarimboli, our practice focuses on representing the injured whether it be a result of an auto collision, medical malpractice, workers compensation claim, social security disability or a slip and fall from a hazardous condition. Each and every day we stand up to the insurance companies and large corporations to ensure justice for our clients.

If you have been injured and have questions regarding your rights, please call us at 570.714.HURT for a free consultation. It is the best call you can make and one the insurance company doesn't want you to make.

Deadly Mistakes

In the United States an estimated 1.7 million infections are associated with health care and are a factor in over 99,000 deaths a year. There are many things you can do during your hospital stay that will help prevent getting an
infection. Don't be afraid to ask. The hospital and its staff must, by law, do everything it can to prevent hospital acquired infections.

1. Make sure doctors, nurses and any other health professionals wash their hands before examining you. Wash your own hands carefully after using the bathroom or handling soiled materials: Scrub for at least 15 seconds with warm soapy water. The Center for Disease Control and Prevention cites hand washing as the single most effective way to control the spread of disease.

2.If family or friends are ill ask them not to visit you.

3.If you are having surgery, STOP SMOKING, well in advance of your surgery. Patients who smoke are far more likely to develop a surgical site infection, have slower recoveries and longer hospital stays.

4.Before a doctor uses a stethoscope ask that it be wiped with alcohol. The same precautions should be taken for other commonly used pieces of hospital equipment.

5.ASK QUESTIONS. In Pennsylvania, there is a Patient Bill of Rights and you have the right to understand your medical condition and treatment. Informed and involved patients are far less likely to develop preventable and potentially deadly hospital acquired infections.

The above list is just a few of the ways to reduce the risk of hospital acquired infections. If you are going into the hospital or are in the hospital, paying attention to cleanliness and asking questions will help you have a healthier stay.

Deny, Deny, Deny

Are you nervous about submitting an insurance claim for fear that you will be denied? Are you confused by the claim forms? You are not alone. This is exactly what your insurance company wants. They want you to be as nervous and confused as possible because the more uncomfortable you are, the less likely you are to continue with the claim after being denied.


The reality is insurance companies deny most claims. This does not mean that your claim is frivolous or without merit. The more legitimate claims that your insurance company denies, the more money it makes year after year. There is a way to protect yourself! Call an attorney that focuses his or her practice on dealing with insurance claims.


A knowledgeable attorney can quickly level the playing field against your insurance company and put you in the best position to have your claim paid. You pay your premiums month after month with your hard earned money so that when tragedy strikes you are protected. Do not let your insurance company rob you of the protections they have promised to deliver.


If you have had your insurance claim denied, CALL US. If you need to submit an insurance claim, CALL FELLERMAN & CIARIMBOLI LAW at 570.714HURT(4878) before you do. Let us take the fear and confusion out of the claim process.