msb, Author at Morefield Speicher Bachman, LC

Court Funding Crisis

We created this blog to provide timely and useful information about important legal issues. As a rule, we stay away from politics. This is one of those rare times when we will discuss something that you may consider political. We do so because this issue is one that effects everyone who relies on the courts for justice. In fact, we believe the issue of fair court funding is NOT a political issue, but a Constitutional necessity. Many of the state and federal courts in our great country face a serious funding crisis. This crisis manifests itself in different ways in different states and in different courts. For example, in San Diego, California, court reporters are only permitted to record proceedings for 30 minutes. After that time, they are required to unplug their steno machines and leave. If either party requires the proceedings to be recorded to preserve a record for appeal, they must hire a private court reporter to do so. In Boston, Massachussetts, civil cases are delayed because the Constitution requires courts to give priority to criminal cases and there are not enough judges and court personnel to handle the civil cases promptly. In Kansas, the law has been changed to allow a longer period of time before the judicial nominating commission is informed it needs to meet to recommend nominees to replace retiring judges. This allows the state to delay paying for a replacement judge, but can result in too few judges to hear cases promptly. We even have some courts that haven’t had sufficient money for copy paper. There are many other examples throughout the country of real people suffering hardship because they can’t get their cases heard promptly. There are parents who go months without seeing their child because they can’t get a hearing on child custody issues. There are business owners who can’t collect lawful debts. There are personal injury victims who are out of work due to their injuries, but can’t get to court because there aren’t enough judges and court personnel to promptly hear the cases. In most states, the court system costs less than 1% of the state’s annual budget. Rather than saving money, cuts to court funding cost our economy billions of dollars. A recent economic analysis showed that delayed justice costs our economy roughly $52.5 billion dollars in lost investment income annually! See, “ECONOMIC IMPACT OF REDUCED JUDICIARY FUNDING AND RESULTING DELAYS IN STATE CIVIL LITIGATION”, Nels Pearsall, Bo Shippen, and Roy Weinstein, March 2012, published by ERS Group, Micronomics. This economic loss occurs because litigants do not use money that is at risk or that is in dispute for purchases or investments until the litigation is completed. So, what can we do about this problem? The American Bar Association’s Tort Trial and Insurance Practice Section, under the leadership of Section Chair Mike Drumke, has put together a Task Force on Fair Court Funding to reach the legislatures in all 50 states to work towards obtaining fair court funding nationwide. Rick Morefield of this firm and Dan Gourash of Seeley, Savidge, Ebert & Gourash are co-chairing that effort. We have a great deal of information that can equip you to talk with your state legislators and other persons of influence to correct this serious problem. Check out the TIPS Fair Court Funding Toolkit for more information. TIPS has also produced a brief Fair Court Funding Video that provides helpful insight into this crisis. Please join with us in in helping to solve this very serious issue that affects clients, lawyers, courts, and our economy.

Traumatic Brain Injuries: Why So Many Doctors?

News, Personal Injury / By msb

Victims of traumatic brain injuries are sometimes frustrated or alarmed because they are sent to so many different medical specialists. While it can be annoying for the patient to see so many doctors, it is necessary because the brain is the most complex and important organ in the body – it is our “control center”. Because the brain affects and controls everything from our toes to our nose, a brain injury can affect virtually any part of the body. It is not uncommon for traumatic brain injury (TBI) patients to need treatment and evaluation from doctors whose specialty involves parts of the body that are seemingly unrelated to the brain injury. These other specialists can provide real benefits to the patient in terms of healing and returning to normal functioning. Listed below are some of the most common types of health professionals that may be involved in treating victims of traumatic brain injuries. This list is not intended to be exhaustive because other specialists may be required in specific cases. When the injuries are not as complex or profound, the TBI patient may receive treatment from only a few of the specialists identified below. Neurologist: Neurologists specialize in diagnosing and treating disorders of the nervous system including the brain and the spine. The neurologist will frequently be the lead doctor in organizing the treatment for the patient. Neuropsychologist: Neuropsychologists are psychologists who have completed special training in the neurobiological causes of brain disorders and who specialize in diagnosing and treating these illnesses by using a predominantly medical (as opposed to psychoanalytical) approach. Neurosurgeon: Neurosurgeons are doctors who have completed a five or six-year residency that focuses on the surgical treatment of patients with neurological conditions. Neurosurgeons may perform surgery on the brain or spine. Neuroradiologist: Neuroradiologists are doctors who specialize in the use of radioactive substances, x-rays and scanning devices to diagnose and treat diseases and conditions of the nervous system. A neuroradiologist may focus on clinical imaging, therapy, and the science of the central and peripheral nervous system, including the brain, spine, head and neck Psychologist: A psychologist studies the mind and emotions and how they affect behavior. In many traumatic brain injury cases, the victim will have issues with depression, anger or other emotional issues. These symptoms may be the result of organic changes in the brain or these symptoms may be reactions to the life changes that are a result of the injury. Speech Language Pathologist: Speech-language pathologists assess, diagnose, treat and help to prevent disorders related to speech, language, cognitive-communication, voice, swallowing and fluency. Speech-language pathologists work with people who cannot produce speech sounds; those with problems understanding and producing language; and those with cognitive communication impairments, such as attention, memory and problem solving disorders. They also work with people who have swallowing difficulties. TBI victims sometimes have difficulties with speech, language or sound. Occupational Therapist: Occupational therapists use assessment and treatment to develop, recover, or maintain the daily living and work skills of people with a physical, mental, or cognitive disorder. An occupational therapist can help a TBI victim recover the skills necessary to return to work or normal day-to-day activities. Physical Therapist: Physical therapists are health care professionals who can help patients reduce pain and improve or restore mobility. Often they focus on improving patient mobility and function without surgery or medication. Recreation Therapist: therapy based on engagement in recreational activities (as sports or music) especially to enhance the functioning, independence, and well-being of individuals affected with a disabling condition. Audiologist: Audiologist are trained to evaluate hearing loss and related disorders, including balance (vestibular) disorders and tinnitus (ringing in the ears) and to rehabilitate individuals with hearing loss and related disorders. Victims of traumatic brain injuries sometimes suffer from balance issues, sound sensitivity, or tinnitus. There are other specialists that may need to be consulted depending on the brain injury symptoms. Often, a neurologist will serve as the quarterback of the treatment team and can recommend other specialists to assist the brain injury victim. In lawsuits involving traumatic brain injuries, it is vitally important that the patient’s personal injury lawyer work closely with the appropriate medical experts to understand the full scope of the patient’s injuries and losses. Attorneys must take the time to fully understand and develop the information necessary to help a jury understand the breadth and depth of the patient’s injuries. Juries can miss the seriousness of traumatic brain injuries if they do not have the guidance from an experienced traumatic brain injury lawyer who can explain the significance of the patient’s internal injuries.

Motor Carriers Caught in the Crosshairs

News / By msb

It seems like simple common sense that trucking companies should not put drivers on the road who are known to have drinking problems. A google search for the words “drunk truck driver verdict,” reveals million dollar and multi-million dollar verdicts against drunk truck drivers and the companies that employed them. Most motor carriers refuse to hire or retain drivers with alcohol issues. Common sense suggests that no one would criticize a motor carrier for terminating a driver with an admitted drinking problem. Motor carriers are not required to return an alcoholic driver to a safety sensitive position even if the driver has been treated for the alcohol problem. See, 49 CFR 40.305. Motor carriers would seem to have the discretion to make this decision. Common sense does not always prevail. The EEOC is focused on the rights of the disabled, not highway safety and as a result, they take a different view on this issue. The EEOC contends that a trucking company can’t take an alcoholic driver off of the road without determining, based on individual factual data, that the driver presents a high probability of substantial harm. In fact, the EEOC recently sued Old Dominion Freight Line, Inc. claiming it violated the Americans with Disabilities Act (“ADA”) by terminating a driver who reported he had a drinking problem, but then declined to complete treatment because it was too expensive. The jury in that case awarded the driver $119,612.97 in back pay. The EEOC stated through its General Counsel, “. . . the ADA requires that Old Dominion make an individualized determination as to whether the driver could return to driving and provide a reasonable accommodation of leave to its drivers for them to obtain treatment. To maintain a blanket policy that any driver who self-reports alcohol abuse could never return to driving — with no individualized assessment to determine if the driver could safely be returned to driving — violates the ADA.” While this almost sounds reasonable, consider the consequences if Old Dominion had put this driver back on the road with a known alcohol problem and if this driver had a relapse and killed a family or even himself. Motor carriers, under this standard, are essentially required to make an educated guess about the driver’s sobriety and ability to remain sober and then live with the consequences if the driver is returned to the open road. While the rights of the disabled are highly important, public safety is of paramount importance. This case demonstrates the tension between the ADA and federal trucking and transportation law. The ADA demands that employers provide reasonable accommodations to disabled workers, including alcoholic drivers. Federal trucking and transportation law provides that a motor carrier shall not require or even allow a driver to operate a commercial motor vehicle if the driver’s ability or alertness is impaired in a way that makes it unsafe for him or her to operate a motor vehicle. The EEOC is making it more difficult for motor carriers to make decisions that protect the public from unsafe drivers. It is now more important than ever for trucking companies to carefully evaluate the programs they have in place for impaired drivers. At the same time, companies have the responsibility to make trucking as safe as possible.

Don’t Get Caught by the Juror Phishing Scam

Business Law / By msb

According to the U.S. Courts website, individuals in Kansas and other states are being targeted once again by a juror phishing scam. Scammers seek to obtain personal identifiers and credit card and/or debit card information by phone or email, and by use of a fraudulent online jury questionnaire. Some scammers are going as far as to threaten fines and even arrest for members of the public who do not comply with the request for information. Both the Kansas and Missouri Courts’ websites have posted warnings regarding these scams. Kansas and Missouri courts will not contact potential jurors to request social security numbers or banking information by phone or email. If you believe you have received one of these calls or emails, please visit your state court website for information on reporting the scam. To read more: http://news.uscourts.gov/new-year-old-juror-scam Tomi Holt is a paralegal and legal administrator with Morefield Speicher Bachman, LC. The content of this blog is for informational purposes only and is not intended to provide legal advice on any issues addressed.

Living With Traumatic Brain Injury

Personal Injury / By msb

Injury victims who suffer a broken bone, a burn, or a serious wound deal with significant and obvious pain and limitations. Their friends and loved ones can see visible evidence of the injury, disability and pain. Serious concussions or mild traumatic brain injuries (TBI) are equally significant injuries, but with an important difference – traumatic brain injuries are not always immediately visible or obvious to anyone other than the person living with traumatic brain injury. Traumatic brain injury victims often suffer from the skepticism, doubt or lack of understanding of their friends, family members, co-workers, and even physicians. TBI victims can appear outwardly healthy while inwardly they suffer from pain, neurological disorders, light or sound sensitivity, balance issues, memory issues, cognitive difficulties and changes in emotions. When doctors use the term “minor traumatic brain injury”, they are referring to an injury that is not “minor” in the way that term is normally used. Victims of a minor traumatic brain injury often have significant disturbances in how their brain works. Early symptoms include headache, dizziness or vertigo, lack of awareness of surroundings, nausea, memory dysfunction, and/or vomiting. Later symptoms may include irritability and a low tolerance for frustration, persistent low-grade headaches, poor attention, inability to concentrate, lightheadedness, anxiety or depressed mood, ringing in the years or tinnitus, light sensitivity, sound sensitivity, difficulty focusing vision, short term memory loss, and excessive fatigue. Victims often have learning difficulties and communication difficulties. Recovery from a mild traumatic brain injury is a slow process. Often, even the doctors cannot determine how completely a patient will recover until 18 to 24 months after the injury. Moreover, recovery from a mild traumatic brain injury is not a steady, consistent process. Victims will have good days and bad days. This is a normal part of the recovery process. Victims of a mild traumatic brain injury will almost always require more rest. Over-stimulating the brain, getting back to work too quickly, or too much motion or activity may delay the healing process. Certain medications and drugs can negatively affect a traumatic brain injury victim or may delay the healing process. Even drugs such as alcohol, caffeine or nicotine can affect the patient differently after a traumatic brain injury. If you or a family member is living with traumatic brain injury suffered as a result of the wrongdoing or carelessness of another, you should consider whether you need the assistance of a lawyer. If you need legal assistance, we are glad to help. Our firm has worked with many brain injury victims and understands the unique difficulties of these cases. We understand the difficulties our clients face and hope to help guide them through the process while focusing on making sure they get the medical care and treatment they need.

msb

Court Funding Crisis

Traumatic Brain Injuries: Why So Many Doctors?

Motor Carriers Caught in the Crosshairs

Don’t Get Caught by the Juror Phishing Scam

Living With Traumatic Brain Injury

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