Tag Archives: Indianapolis Mediacl malpractice Attorney

Broken Bones | Medical Malpractice Lawyers in Indianapolis

Many children who sustain a fracture to an arm or leg as a result of an accident have a good chance of having the fracture improperly splinted.

Personal Injury Lawyer - Medical Malpractice Statistics show that almost half of all boys and a quarter of all girls will fracture an arm or leg before 16.  Properly set, the fracture heals rather quickly with little residual problems.  However, in a recent study from the University of Maryland (pediatric bone specialists) more than 90% of children with fractures had their bone improperly splinted.  As a result, further complications such as loss of motion or skin grafts can occur.Call Charlie Ward at 317-639-9501

Dr. Josh Abzug, who directs pediatric orthopedics at University of Maryland believes that improper splinting occurs from a lack of education in some situations and a lack of attention to detail in others.  In addition, in many situations a doctor or health care worker splints a fracture with instructions for the parent to follow-up with an orthopedic the next day.  However, the follow-up does not occur right away and complications set in.

Dr. Abzug believes that posters or flashcards in an emergency room or urgent care center outlining proper splinting can minimize the problem.  He further advises parents to listen to their children. Should a child complain of lots of pain (crying) or major swelling/discoloration occur in the split area, Dr. Abzug advises to immediately proceed to the emergency room.  Time is of the utmost importance.

 

Crazy Contacts Catalyst for Corneal Cuts

look him in the eyeCrazy Contacts Catalyst for Corneal Cuts

Blinding and blasphemous, blood-red eyes and ghastly, glowing, gruesome peepers… Americans love Halloween…so much so that people will shop just about anywhere for “crazy contact” lens-wear purchased from Halloween novelty shops, beauty supply stores, gas stations and online outlets. But beware! Injuries including painful, scarred corneas, severe eye infections, permanently damaged vision and drooping eyelids have been reported as a consequence of wearing the specialty eyewear.Call Charlie Ward at 317-639-9501

It is illegal to sell colored contact lenses without a prescription and retailers can be fined as much as $11,000 per violation. All contact lenses (including non-corrective cosmetic lenses) are controlled by the FDA under the heading of medical devices and require a prescription from a licensed optometrist, ophthalmologist or other licensed optician under the supervision of an eye doctor. The Food and Drug Administration along with ICE and the US Customs and Border Protection have launched a campaign called “Operation Double Vision” that has seized more than 20,000 pairs of counterfeit and decorative lenses illegally sold to the American public.

Contact wearers are required by law to be fitted by an eye health professional for size, shape, strength and type of material used in the lenses. Never buy lenses from a retailer that does not require a prescription for purchase. Contacts that are not properly fitted may scratch the eye or cause blood vessels to grow into the cornea.

Follow good health practices and seek annual professional eye care. Don’t trade a lifetime of poor vision for a single evening of ghostly fun!

Recovering Medical Expenses for Personal Injuries or Wrongful Death and the Collateral Source Statute – Your Indianapolis, Indiana Auto, Motorcycle and Trucking Accident Lawyer

Indiana’s Collateral Source Statute bars over-recovery for medical billsCall Charlie Ward at 317-639-9501

Under Indiana law, the driver who is at fault for the injuries of another has a duty to pay for the injured party’s “reasonable” and “necessary” medical bills. But what is considered “reasonable and necessary?”

One method of proving reasonability is by introducing into evidence, the statement of charges for injuries received as a result of the accident from the health care provider. Indiana Evidence Rule 413 provides that such statements are admissible as evidence and “shall constitute prima facie evidence that the charges are reasonable.”

Indiana’s Collateral Source Statute prevents the Plaintiff from over-recovery—or recovering more than once—for a monetary loss sustained from personal injury or wrongful death.

IC 34-44-1 provides for allowing into evidence the following:

  • Proof of collateral source payments (i.e. medical payments made by health insurance providers or workers compensation for the benefit of the plaintiff)
  • Proof of the amount of money that the plaintiff is required to repay
  • Proof of the cost to the plaintiff or to members of the plaintiff’s family of collateral benefits received by the plaintiff or the plaintiff’s family

Exceptions to the collateral source rule include: life insurance or other death benefits, insurance benefits or premiums plaintiff or plaintiff’s family have paid for directly, or payments made by any agency, instrumentality, or subdivision of the state or the United States, i.e. defendant may not lessen their financial obligation for damages by introducing into evidence Plaintiff’s medical billing discounts or discounts provided to plaintiff as a benefit to the insured by the contract established between their health insurance carrier and their health provider. Americanbar.org states the following:

Indiana retains the common law principle that collateral source payments should not reduce a damage award if the payment resulted from the plaintiff’s own forethought, such as insurance purchased by the plaintiff or government benefits that the plaintiff has paid for through taxes.

Ward & Ward is a plaintiff’s law firm experienced in protecting the interests of personal injury victims and wrongful death claims. If you have been injured in an automobile, motorcycle, bicycle or trucking accident, I urge you to call me at 317-639-9501 for a free consultation at your earliest convenience.

Charlie Ward

[email protected]

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
(317) 639-9501