The loss of a loved one can be the most trying time in our lives. It is even more so when the death involves a doctor, nurse, hospital or other health professional entrusted with the care of your relative or friend. If you believe that your relative or someone close […]
The Latency Period of Asbestos Diseases
One of the confounding characteristics of asbestos disease is the latency period. A latency period of a disease is the time between the exposure to the disease-causing substance and the actual manifestation of the disease. In asbestos-related diseases, the latency period is exceptionally long, typically measured in decades. The typical […]
Medical Malpractice Myths
There are a lot of lies being told about medical malpractice. A new paper called Five Myths About Medical Negligence tackles the issue head-on. Myth #1: There are too many ‘frivolous’ malpractice lawsuits. Fact: There’s an epidemic of medical negligence, not lawsuits. Only one in eight people injured by medical […]
Bank of America Agrees to Stop Forcing Customers into Arbitration
Bank of America Corp., one of the nation’s largest banks and credit card issuers, recently ended a requirement that disputes with the bank’s customers be settled through binding mandatory arbitration (“forced arbitration”). The announcement by the bank followed statements by two large arbitration services that they would no longer handle […]
North Carolina Enacts Important Foreclosure Assistance Legislation
A very important piece of consumer protection legislation was recently passed by the North Carolina Legislature and signed into law by Governor Bev Perdue. The Consumer Economic Protection Act of 2009 provides important protections for homeowners dealing with delinquent mortgage payments and foreclosure threats. The protections provide for a lower […]
Medical Malpractice Lawsuits and Health Care Spending
Economists estimate that spending on medical malpractice– including administrative costs as well as paying jury awards and confidential settlements– adds up to less than one-half of a percentage point of medical spending. A recent New York Times column explored whether this can really be the reason that American health care […]
New Surgeon General Statement on Asbestos Risks
The Surgeon General, Steven Galson, has issued a statement for National Asbestos Awareness Week, urging citizens to be aware of the health risks from asbestos and to protect themselves from asbestos exposure. While certain asbestos product manufacturers, mining companies and distributors have tried to argue that there are safe levels […]
WC: Nale v. Ethan Allen — No Evidence of Causation
On September 1, 2009, the Court of Appeals (‘COA’) published another batch of opinions, several involving workers’ compensation claims. Among them is Nale v. Ethan Allen, in which the COA reversed the Industrial Commission’s determination that the worker’s left knee injury was caused by the admittedly work-related injury to her […]
Bias of Arbitration Service Exposed
The National Arbitration Forum (“NAF”), the largest arbitration company in the nation, recently announced that it would discontinue conducting consumer arbitrations. The move comes as a result of a lawsuit filed against NAF by the Minnesota Attorney General. That suit and others followed accusations that NAF, though holding itself out […]
The Synergistic Effect of Asbestos Exposure and Cigarette Smoking
Research has proven that exposure to asbestos is a cause of lung cancer in humans. Cigarette smoking is another known cause of lung cancer. However, the combination of asbestos exposure and smoking is far more likely to cause lung cancer than either factor by itself. This is known as the […]