- ILTSs as an Estate Planning Tool
Posted April 4, 2008, 1:52 pm
An "ILIT" is an irrevocable trust which is created for the purpose of owning a life insurance policy. The primary goal of an ILIT is to remove the life insurance proceeds from the insured-grantor's estate. Because such trusts are irrevocable, they cannot be amended or rescinded in any way after their creation. Accordingly, once the grantor contributes an insurance policy into an ILIT, he or she has effectively released any claim to control the property or to change any of the terms of the...
- Is Your Lawyer an SOB?
Posted March 31, 2008, 2:16 am by Todd Wahlquist, J.D.
An acquaintance told me recently that he hired a particular attorney because he heard the attorney was an "SOB." That struck me as a rather odd requirement and got me to thinking, why would you want an SOB for an attorney? If you were hiring a plumber would you want him to be an SOB? If you were hiring an accountant would you want him to be an SOB? Would you want an SOB for a son-in-law or a spouse? How about for a doctor? What is an SOB? I picture someone who is rude, undependable, dishonest,...
- Large Firm v. Small Firm
Posted March 17, 2008, 2:24 am by Todd Wahlquist, J.D.
I receive many phone calls from potential clients medical malpractice clients who ask about the size of my firm. It seems that many people have an idea in their head about the size of the firm they would like representing them. I don't know if this pre-conceived idea comes from prior experience or from stereo-types used on popular TV shows. Whatever the reason, people seem to believe that the larger the firm, the better it must be. I would suggest that this is not the best way to select an...
- Trasylol (aprotinin) Litigation
Posted March 5, 2008, 8:51 am by Jared Faerber
CBS News' "60 Minutes" recently ran an excellent piece exposing the corruption and greed of some in the drug industry. Trasylol (aprotinin injection) is used to stop bleeding during heart bypass surgery. It was approved by the Food & Drug Administration in 1993. A January 2006 New England Journal of Medicine article linked the use of Trasylol (aprotinin) to kidney damage, heart attacks and strokes. In addition, the same researchers completed a February 2007 study published in the Journal of...
- Largest National Meat Recall Involves Utah
Posted February 18, 2008, 7:16 am by Jared Faerber
The New York Times reports on the largest meat recall in history. Here is an excerpt from the story: A California meatpacker accused of animal cruelty is making the largest U.S. meat recall on record -- 143 million lbs, the U.S. Agriculture Department said on Sunday. Most of the meat, raw and frozen beef products, probably has already been consumed, said USDA officials at a briefing. Some 37 million lbs were bought for school lunches and other federal nutrition programs. USDA said there was...
- Elderly Patients Deserve Better
Posted February 18, 2008, 6:18 am by Jared Faerber
The Centers for Medicare and Medicaid Services (CMS) on Tuesday added more names to its list of under performing nursing homes, known as "special focus facilities." One of them is in Ogden, Utah. This questionable distinction belongs to the Mount Ogden Health and Rehabilitation Center. It will now be inspected by state officials twice as often as those not on the list. By releasing the list, the CMS hopes to get nursing homes to do the job right or get out of the business....
- Why won't the doctor give me my records?
Posted February 13, 2008, 5:39 am by Todd Wahlquist, J.D.
I got a call from a man the other day who was very upset because he wanted a copy of his medical records and the staff at his physician's office wouldn't turn them over. I hear this all the time and it makes me very angry. Doctors and hospitals are required by law to maintain copies of medical records and they are further required by law to produce copies of those records to patients if the pateint requests them. Obviously, you need to sign a release form, which the doctor's office can provide,...
- Arbitration
Posted February 5, 2008, 4:25 am by Todd Wahlquist, J.D.
Unfortunately, more and more patients are being asked to sign arbitration agreements when they go to see their doctor. It is not uncommon for patients to be completely unaware of what they are being asked to sign. The agreements are simply put in the stack of documents the receptionist gives to new patients. Unsuspecting patients see a complicated form with a bunch of legal terms on it and they assume it is just a standard form that doesn't warrant closer attention. They quickly scan the...
- Contingency Fees
Posted January 29, 2008, 12:45 am by Todd Wahlquist, J.D.
A contingency fee is where the attorney agrees to represent a client without requiring the client to pay the attorney any fees up front. In return, the attorney receives a percentage of whatever amount he is able to recover on behalf of the client. If the attorney is not able to win any money for the client, then the attorney does not get paid. With medical malpractice cases in Utah, the legislature has determined that 1/3 is the maximum contingency fee an attorney can charge a client for his...
- Statutes of Limitations
Posted January 24, 2008, 6:17 am by Todd Wahlquist, J.D.
In Utah the legislature has determined that two years is the length of time one has to sue a health care provider for medical malpractice. Whether or not this is fair is a discussion for another day. While it may seem like two years is not a very long time, indeed this is shorter than the statute of limitations for other types of personal injury, there are some important caveats to this law that may lengthen the time period and need to be understood. First, the two years does not begin to run...
- Elements of a malpractice case
Posted January 23, 2008, 4:45 am by Todd Wahlquist, J.D.
I get many calls from potential clients who are upset about what has happened to them in their doctor's office or at a hospital. Almost invariably, the conversation starts out with the statement, "I don't know if I have a case or not, but . . ." and then they proceed to tell me what happened. I spend much of my time explaining to people what is required to have a viable medical malpractice case. It often turns out that the person does not have a case, but they usually feel better about having...
- 9 killed, 20 injured in crash of charter bus in southeastern Utah
Posted January 7, 2008, 8:09 am by Jared Faerber
This is another tragic, and avoidable, accident. It is reported that nine people are dead and as many as 20 injured after a charter bus rolled several times on wet and snowy roads in Utah's Four Corners area. The crash happened Sunday, January 6, 2008, on U.S. 163 about 5 miles north of Mexican Hat, Utah. The Salt Lake Tribune reported the following: "Utah Highway Patrol troopers are trying to determine what caused the driver to veer off the rain-slicked State Road 163 about 5 miles north of...
- What to Do if You Are Injured in a Motor Vehicle Accident in Utah
Posted January 7, 2008, 6:41 am by Jared Faerber
Attend to Injuries Get medical attention immediately and tell your doctors exactly how the injury occurred. Make sure to describe all symptoms and complaints. It is best to seek attention quickly, even if you are not sure that you need it. You may be in shock and not notice your own injuries. Make sure to follow-up with additional concerns and follow the advice of your doctor. Be Careful About What You Say When talking to the police or highway patrol about the accident, it is important to be...
- What makes a good medical malpractice case in Utah?
Posted January 4, 2008, 7:40 am by Jared Faerber
One of my best clients, with a very strong case, recently told me that when she first called, she wasn't even sure her case was worth pursuing. In reality, she had a fantastic case. This became apparent to her only after discussing the matter with me. I review numerous potential Utah medical malpractice claims for each one I take. Selecting the right cases is essential. That's why I'm more than happy to discuss potential cases with anyone for free. I'm also not afraid to turn down cases that...
- IMMIGRATION ISSUES
Posted December 13, 2007, 9:01 am
Immigration related liabilities are an increasing concern for employers. In 2006, the number of employers and employees arrested in immigration raids quadrupled. We anticipate that immigration enforcement will continue to increase. On December 12, 2006, Immigration and Customs Enforcement conducted one of its largest raids in history by arresting 1,282 workers at six Swift & Company meat processing plants, including one in Hyrum, Utah. Due to the arrests, Swift lost 40% of its labor force...
- Cryptosporidium outbreak hits Utah pools
Posted September 7, 2007, 1:48 am by Jared Faerber
Children under age 5 have been banned from most Utah public swimming pools in an attempt to stop the spread of cryptosporidium, a parasite that can cause severe diarrhea. So far, the state has confirmed 422 cases of crypto, and, fortunately, no deaths. Cryptosporidium is found in soil, food, water or surfaces that have been contaminated with human or animal feces. Cryptosporidium is protected by an outer shell that allows it to survive outside the body for long periods of time and makes it very...
- The Government Won’t Pay for Some Medical Errors
Posted August 21, 2007, 6:50 am by Jared Faerber
Beginning next year, Medicare will stop paying for some hospital mistakes. Under newly issued rules, the government insurance program, Medicare, will no longer pay extra to treat preventable medical complications. I believe these changes give hospitals a powerful incentive to keep patients safe. The changes mean no extra payments to treat patients affected by: Infections cause by prolonged use of catheters in the bladder or blood vessels, and surgical site infections after bypass surgery....
- Avoiding Traumatic Brain Injury
Posted August 20, 2007, 7:18 am by Jared Faerber
A traumatic brain injury (often referred to as TBI) is an injury to the head that disrupts the normal functioning of the brain. According to a recently released study by the Utah Department of Health, each month 174 Utahn's will suffer life-altering injuries to the brain. While severity and outcomes vary widely, TBI can affect a person's thinking, language, memory, learning, emotions, and behavior. Even a concussion, mistakenly believed by some to be insignificant, can result in serious and...
- Man Speaks After 6 Year Coma
Posted August 2, 2007, 1:01 pm
An MSNBC.com article outlines a recently successful procedure to bring a man out of a six-year coma. At his family's request, the man remains anonymous. The changes in his mental state, however, are for the world to know. "My son can now eat, speak, watch a movie without falling asleep," explained his mother. "He can drink from a cup. He can express pain. He can cry and he can laugh." This had not been the case for the last six years, a time when the man was fed though a tube, rarely showed...
- Michael Moore's latest movie, "Sicko" highlights America's Healthcare Problems
Posted July 3, 2007, 1:20 pm by Jared Faerber
Moore's latest documentary movie, "Sicko" opened last Friday. I haven't seen it yet, but it should be entertaining. While Moore's tactics and style may be controversial, the movie promises, at the very least, to continue the national discussion of healthcare. One such issue the movie highlights is the World Healthcare Organization's ("WHO") 2000 survey which ranks countries from best to worst in terms of healthcare. The U.S. ranks only 37th, two slots ahead of Cuba, and lower than Morocco,...