Long-Term Care…Know Your Options.

An accident that results in a permanent disabling injury or the birth of a special needs child can force people to assume a lifelong care giving role. As the number of people with severe disabilities, debilitating chronic diseases and terminal illnesses grows, concern about their care has focused primarily on long-term care facilities, nursing homes, home health aides and hospices. Relatively little official attention has been paid to those who provide the overwhelming amount of services for people, both young and old, who are unable to care for themselves.

Various surveys have found that 20 million to 50 million family members in the United States provide care that was traditionally performed by nurses and social workers. Family caregivers supply about 80 percent of the care for ill or disabled relatives, and the need for their services will only rise as the population ages and modern medicine improves its ability to prolong lives.

Financial burdens can also complicate matters, especially when the family caregiver is forced to quit a job or cut back on outside work for pay. About a third of family caregivers lose most or all of their savings as a result of care giving, studies have shown. Family caregivers provide an estimated $237 billion in unpaid services a year.

Most family caregivers have no training for the physically and emotionally demanding tasks they undertake. And many are struggling themselves with age-related disabilities and chronic ailments. Others are members of the so-called “sandwich generation” who must juggle care giving with paying jobs and the needs of their own family.

It is important family members and caregivers know their options for help. The Michigan Department of Community Health (MDCH) has five programs that offer services to eligible persons in the home:

Home Health provides in-home skilled nursing services and associated personal care from qualified nurses and home health aides.
Home Help provides unskilled personal services such as meal preparation, assistance with eating, grooming, laundry, shopping and moving about the home.
PDS provides assistance in purchasing durable medical equipment and home modifications not otherwise covered by Medicaid.
MI Choice Program provides services such as personal care, transportation, private duty nursing, meal preparation and routine household care to allow an individual to remain in his or her home.
PACE provides comprehensive medical and long-term care services to program enrollees who are 55 years of age or older.

Additional services:

Hospices offer end-of-life care, usually provided in the home. In some cases care may also be provided in a residential facility such as a nursing home. Support is provided for the family through counseling, and for the individual with skilled nursing services, pain management and personal care.
Nursing homes are residences that provide housing, meals, rehabilitative care, skilled nursing services and protective supervision for post--acute and long-term care needs.

Other resources that may help:

MMAP is the Michigan Medicare and Medicaid Assistance Program that offers free counseling and education on Medicare and Medicaid benefits. You can contact MMAP toll-free at 1-800-803-7174.

MISeniors.net is Michigan’s Office of Services to the Aging website. The website lists support services for the elderly, housing options, information on nutrition and health care providers: www.MISeniors.net.

The Department of Human Services- DHS is a State of Michigan agency that provides information on independent living, senior services, adult community placement and medical services. To locate county DHS offices, call 517-373-2035, or select ‘County Offices’ from its website at www.michigan.gov/dhs.

Eligibility for long-term care services is determined by assessing your medical needs and functional abilities, and looking at financial criteria. MI Choice Program, PACE and nursing homes use Michigan’s Medicaid Nursing Facility Level of Care Determination to identify eligibility.

Financial eligibility is determined by your local Department of Human Services (DHS) office. If you are determined eligible for services, you will be informed of program options. If you are determined ineligible, you will be informed of other services in your community that may help you, and your right to appeal a determination of ineligibility. Contact your local Area Agency on Aging or community service organization for more information about all program options.

If you or a loved one has been injured to due to the negligence of a nursing home or long-term care facility, protect your rights. Contact one of our experienced Michigan personal injury attorneys immediately for a free confidential consultation today.

Small Melamine Amounts in Baby Formula Safe?

Public health groups, consumer advocates and members of Congress blasted the Food and Drug Administration on November 26, 2008 for failing to act after discovering trace amounts of the industrial chemical melamine in baby formula sold in the United States.

The FDA began testing infant formula in September and has so far analyzed 74 of the 87 products it has collected. None of the samples contained both melamine and a related compound, cyanuric acid. After reviewing the samples and animal studies, the agency decided that either melamine or cyanuric acid alone is safe formula at 1 part per million or less. Melamine can cause kidney and bladder stones and, in worst cases, kidney failure and death. If melamine and cyanuric acid combine, they can form round yellow crystals that can also damage kidneys and destroy renal function.

Melamine was found In Good Start Supreme Infant Formula with Iron made by Nestle, and cyanuric acid was detected in Enfamil Lipil with Iron infant formula powder made by Mead Johnson. A spokesman for Nestle did not respond to repeated calls and e-mails for comment. Gail Wood, a spokeswoman for Mead Johnson, said the company does not think that cyanuric acid poses a health threat to infants. “Cyanuric acid is approved by the FDA to sanitize processing equipment,” she said. “The risks of not sanitizing equipment are far greater than ultra trace amounts of residual cyanuric acid found in formula.

Agency scientists have maintained they could not set a safe level of melamine exposure for babies because they do not understand the effects of long-term exposure on a baby’s developing kidneys. The problem is exacerbated by the fact that infant formula is a baby’s sole source of food for many months. Premature infants absorb an especially large dose of the chemical, compared with full-term babies.

The FDA spokeswoman said no illnesses have been linked to melamine consumption in the United States. Chinese manufacturers deliberately added the chemical to watered-down formula to make it appear to contain higher levels of protein. More than 50,000 Asian infants were hospitalized, and at least four died.

Critics said the FDA’s reassurance about products carry less weight after the recent controversy over bisphenol-A, a chemical found in plastic baby bottles, dinnerware and the linings of food cans. The FDA dismissed a growing body of scientific evidence that has linked BPA to health problems even as worried consumers stopped buying BPA-containing products. Instead, the FDA relied on two industry-funded studies that concluded the BPA did not pose a health risk. Last month, the agency’s science advisory board said the agency should no longer maintain that BPA is safe.

Your child’s safety is one of our law firm’s main concerns. If you or a loved one is injured due to consumption of a dangerous product, contact our experienced Michigan layers immediately.

Strengthening United States Consumer Product Safety

In recent months, millions of toys have been recalled from stores across America because the products violate basic safety standards. Shopping for young children has become increasingly difficult, because it often is impossible to tell which toys are safe and which are not. Some of the recalled products were covered in lead paint, built with deadly magnets, or coated in a substance similar to the “date rape” drug.

These dangerous toys should never have reached retail store shelves. However, recent Congressional investigations have revealed that the federal Consumer Product Safety Commission (CPSC) is failing to protect the public from defective products.

When children are injured or killed by toxic toys or other products, their families encounter huge legal hurdles if they seek compensation for their losses. Over 70% of all toys now sold in this country were manufactured overseas, mostly in China. These products, although cheaper, receive minimal regulatory oversight. Additionally, foreign manufacturers have argued that they are not subject to jurisdiction in United States courts.

The U. S. Congress is working on legislation to secure the rights of American consumers against foreign manufacturing mistakes. Many lawmakers agree that foreign manufacturer should be legally accountable for non-compliance with U.S. safety standards. Both the House of Representatives and the Senate are boosting the CPSC’s annual budget, as well as increasing the standards of testing and certification before products can be sold.

Marketing defective products is not only dangerous, it is wrong. Injuries sustained by simple toys can be substantial, and in some cases fatal. We encourage the U.S. Congress to continue to put pressure on the CPSC, American importers, and foreign manufacturers to ensure the safety of our families.

At the Bernstein Law Firm, we have been protecting the legal rights of victims injured by defective products for over 40 years. If you or a loved one was injured by a defective product, we recommend that you contact an experienced product liability attorney immediately.

Health Insurance Companies Resort to New Ways of Denying Medical Benefits to Policyholders

Health insurance companies are finding new ways to avoid paying claims of policyholders most in need of medical treatment.

One of the latest insurance company tactics is rescinding policies after individuals file claims, and encouraging them to pursue benefits from Medicare, Medicaid, or other sources.
Another serious problem is “dual-role insurers,” which are companies that not only pay benefits, but also decide who is entitled to receive them. While the federal Employee Retirement Income Security Act allows insurance companies to do this, many argue this dual role presents an inherent conflict of interest.

Some insurers are directing staff to scrutinize each claim, to find any hint of “misrepresentation” that would be an excuse to cancel a policy. For example, a company might try to revoke a policy, if an individual did not identify a previous health problem or medical procedure on his or her initial insurance application.

Increasing public attention has prompted state industry regulators to investigate and fine some health insurers for these unfair and unlawful practices. One recent investigation revealed that an insurer paid employee bonuses, based on the number of policies they cancelled.

In short, these companies increase profits by wrongfully denying claims of their sickest policyholders, and continuing coverage only to those who are healthy.

If you or a loved one has encountered similar problems with your insurance company, you need to protect your legal rights. Contact an experienced attorney who can help you receive the medical benefits and coverage that you deserve.

Ohio Defective Product Law Overview

We believe that in Ohio, companies that make dangerous products that cause injury should be held accountable. The area of Ohio law that covers these types of cases is generally referred to as Ohio product liability law.

Under Ohio law, ORC 2307.711, a product liability action is:

“Product liability claim” means a claim that is asserted in a civil action pursuant to sections 2307.71 to 2307.80 of the [Ohio] Revised Code and that seeks to recover compensatory damages from a manufacturer or supplier for death, physical injury to person, emotional distress, or physical damage to property other than the product in question, that allegedly arose from any of the following:

• The design, formulation, production, construction, creation, assembly, rebuilding, testing, or marketing of that product;
• Any warning or instruction, or lack of warning or instruction, associated with that product;
• Any failure of that product to conform to any relevant representation or warranty.

Ohio Defective Product Law - Causes of Action

Ohio plaintiffs interested in pursuing an Ohio products liability case have three potential causes of action:

1. Negligence
2. Contract
3. Strict liability in tort

To establish actionable negligence, a plaintiff must show the existence of a duty, a breach of the duty, and an injury resulting proximately from this breached duty.

In order for an Ohio plaintiff to recover on the basis of strict liability in tort, he/she must allege and prove the following: that a defect existed in the product manufactured or sold by the defendant; the defect existed at the time the product left the defendant’s hands; the defect was the proximate cause of the of the plaintiff’s injury. This applies to defects in both design and manufacture.

Who May Be Liable under Ohio Defective Product Law

Under Ohio product liability law, an injured party may recover against four types of defendants:

Manufacturers

The Ohio Revised Code defines a “manufacturer” as “a person engaged in a business to design, formulate, produce, create, make, construct, assemble, or rebuild a product or a component of a product” (ORC 2307.71(I))

Suppliers

A “supplier” is defined under the Ohio Revised Code as “a person that, in the course of a business conducted for the purpose, sells, distributes, leases, prepares, blends, packages, labels, or otherwise participates in the placing of a product in the stream of commerce” (ORC 2307.71(O))

Successor Corporations

The general rule, under Ohio product liability law, is that a successor corporation’s amenability to suit depends on the nature of the transaction that gave rise to ownership. If the transfer was accomplished by a merger or consolidation, then the liability of the former corporation will be assumed.

Parent Corporations

Under Ohio law, there is a general presumption that a parent and its subsidiaries are separate entities and entitled to be treated as such. The plaintiff would have to present evidence to overcome this presumption.

Damages in an Ohio Product Liability Claim

Damages available in an Ohio products liability claim based upon negligence may include compensatory damages, pain and suffering damages, and punitive damages where appropriate.

Punitive damages are only recoverable upon a finding of “actual malice” defined as “(1) that state of mind under which a person’s conduct is characterized by hatred, ill will or a spirit of revenge, or (2) a conscious disregard for the rights and safety of other persons that has a great probability of causing substantial harm.”

Theories of Liability Under Ohio Product Liability Law

Under Ohio law, several theories of liability are available to plaintiffs including:

1. Defects in manufacture or construction
   
2. Defects in design or formulation
   
3. Defects due to inadequate warning or instruction
   

Defenses to an Ohio Product Liability Claim

It should be expected that the negligent corporation will vigorously fight a product liability claim. Defenses typically presented by the manufacturer in an Ohio products liability claim include:

• The danger was open and obvious and required no warnings
  
• The product was misused
  
• The user’s negligence contributed to the injury
  
• The injured user assumed the risk of injury
  
• The alleged lack of warning did not cause the injury
  
• There was an intervening cause that cuts off the liability of the manufacturer

Ohio defective product law is complex. Therefore, if you or a loved one was injured by a defective product in Ohio, it is wise to consult a dedicated Ohio product liability lawyer.

How a Social Security Disability Claim Proceeds

Starting a Claim for Social Security Disability Benefits
To make a claim for Social Security Disability benefits, you need to file an application with the Social Security Administration (SSA). The SSA provides an on-line application form on its website www.ssa.gov. You also can file for Social Security Disability benefits by going to a local SSA office. If you have trouble finding a Social Security Administration office close to your home, call the Social Security Administration toll-free hotline number at 1-800-772-1213. (Deaf and hard-impaired individuals can reach Social Security Administration by TTY at 1-800-325-0778.)

Submitting an Application for Social Security Disability Benefits
Take the time to carefully fill out your Social Security Disability application. Remember that the Social Security Administration will use whatever information you provide to decide if you qualify for Social Security Disability benefits.

Give complete answers to every question. This could help the Social Security staff fully understand the severity of your disability, the limitations that it places on your capacity to work, as well as the prospect that your disabling condition or illness might get better or worse in the future. In addition, the Social Security Administration may process your application more quickly, if you include all the required information on your application form.

If you have trouble understanding all the questions on the application, you have a legal right to ask the SSA to help you. To get assistance, call their toll-free number listed above, or visit a local Social Security Administration office.

Getting an Answer from the SSA about Your Social Security Disability Application
After you send in your application, the SSA may take several weeks or months to review your information and tell you its decision.

If your Social Security Disability benefits are approved, the SSA will send letters to let you know the amount of your benefits and your health coverage options. They will also tell you about your responsibility to report changes in your medical condition, employment status, and other factors that could affect your eligibility for benefits.

Be sure to read and follow all the instructions, to help ensure that your benefits continue for as long as you have a right to receive them.

If the Social Security Administration denied your initial application, you have the legal right to challenge the unfavorable decision by filing an appeal.

Appealing a Denial of Your Benefits
Do not give up, if the SSA denies your claim. In fact, the SSA often rejects the initial applications of individuals who meet all the requirements. Many of these people have to go through the appeal process to get their Social Security benefits approved.

To protect your right to appeal, you must act immediately after you find out that the Social Security Administration disapproved your application. You only have 65 days from the date stamped on the denial letter to ask for another review of your claim.

A Social Security Administrative Law Judge conducts this review, after taking another look at all your Social Security claim information, including your application form, medical records, and additional material you submit to support your claim, and after holding a hearing at which you can present evidence to support your case.

Do not delay filing an appeal. If you miss the 65-day deadline, and decide later to seek Social Security Disability benefits, the SSA will make you go back and start the application process all over again.

Presenting Your Social Security Disability Claim at a Social Security Hearing
When you properly file an appeal before the 65-day deadline, the SSA will schedule an Administrative Law Judge hearing. Usually, it takes between 6 months to 18 months to schedule your hearing date.

The Administrative Law Judge who conducts your hearing will evaluate the following factors, to decide if you should get benefits:

• Whether or not you accumulated enough Social Security earnings, or “work credits,” to qualify for benefits.
• If not, whether or not your income and other financial resources are so limited that you may qualify for Supplemental Security Income (SSI).
• Whether or not you have an impairment that has lasted, or is expected to last, for at least 12 months, or is expected to result in death.
• The nature and extent of your impairment.
• Your ability to engage in substantial gainful activity since your impairment began.
• The date that your disability began.

If the Social Security Administration just denied your application for benefits, or if you already filed an appeal and are waiting for your hearing, take the time to contact an experienced Michigan Social Security lawyer immediately. Our Michigan Social Security law firm represents individuals at this level of appeal. We want to help you get the Social Security Disability benefits you deserve.

Michigan Dog Bite Law Protects Dog Bite Victims

A Strict Liability Statute
The Michigan Dog Bite Law is considered a “strict liability” statute. In other words, the law makes a dog owner responsible for any damage caused by the dog attack.

The Michigan Dog Bite Statute, MCL 287.351, states:

If a dog bites a person, without provocation while the person is on public property, or lawfully on private property, including the property of the owner of the dog, the owner of the dog shall be liable for any damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness.

Elements of a Dog Bite Claim
The two key elements necessary to prove a Michigan dog bite claim are:

1. That the defendant owned the dog that attacked.
2. That a bite occurred.
   

Evidence Necessary to Prove a Michigan Dog Bite Lawsuit
Although sometimes difficult, the dog owner usually can be identified with licensing and vaccination records, as well as the testimony of witnesses.

In most dog bite cases, the fact that the dog actually injured the victim can be established with photographs, medical records, witness statements, or other evidence that the dog caused physical harm.

Statute of Limitations in Dog Bite Cases
The Michigan Dog Bite Law allows you to take legal action against a dog owner for up to 3 years from the date of the incident. However, it is not wise to delay. If you wait, important evidence may disappear or witnesses may forget or move away. You should seek immediate legal help, if you or a loved one was the victim of a dog bite.

In some situations, the dog bite victim has additional time to file a claim. The most common instance is a dog attack injury to a child under the age of 18. As a legal minor, a child bitten by a dog may have until his or her 19th birthday to start formal legal proceedings. However, waiting is usually not in the minor’s best interest. Instead, a parent or legal guardian should get immediate legal assistance and pursue the claim on the child’s behalf.

Value of a Dog Bite Case
Determining the value of a Michigan dog bite claim is a complicated matter. If you were attacked by a dog, you should seek legal help immediately. An experienced Michigan dog bite lawyer can carefully evaluate facts surrounding the dog attack, the physical and emotional harm you suffered, as well as the possibility of long-lasting damage.

Based on all this evidence, your Michigan dog bite attorney can advise you on the potential value of your claim and the best way to proceed.

What to do After a Truck Accident

If you were in a motor vehicle accident involving a truck, here are some simple guidelines to protect yourself -- and your legal rights:

Stay Calm

• A truck accident can be a very upsetting experience. But it is important not to panic. Instead, keep a clear head, focus first on acting to protect yourself and help other accident victims.
• Do not discuss the accident with anyone other than the police.
• Do not blame anyone, including yourself.
• Never argue with the other driver -- even if you are sure that person caused the accident.
  

Get Help After a Truck Accident

• Do not leave the site of the accident. Call 9-1-1 from the accident scene, to tell police about the collision. If anyone was injured, ask the 9-1-1 operator to send emergency medical personnel to the truck accident site immediately.
• Set flares, if you carry them, to warn other drivers to slow down and avoid the people and vehicles involved in the accident.
  

Get All the Facts After Truck Accident

• Write down the name, address, phone number, drivers license number and state, license plate number, registration, and insurance information, including the insurance policy number.
• If the driver of the other vehicle was not the owner, write down the name, address, insurance company, and insurance policy number of the owner of that vehicle.
• Ask the police about all injured parties, including passengers. If possible, take down their names, addresses, dates of birth, sex, and extent of injuries.
• Look around for anyone who might have seen the truck accident, including bystanders and occupants of other vehicles. Be sure to write down the names, addresses, and phone numbers of all these witnesses.
  

Check Out All the Damages Caused by the Truck Accident

• Write down the make, body type, year, and license number of the truck and any other vehicles involved in the accident.
• Also, note the damage to the truck and other vehicles.
  

Check Out the Truck Accident Scene

• Draw a diagram of the truck accident site.
• Mark down the street names, and the location of any stop lights, traffic control signs, or other landmarks.
• Note the path of each vehicle just before the place where they collided.
  

Protect Your Health After a Truck Accident

• After a truck accident, get medical attention. Sometimes, truck accident victims are too stunned right after a bad collision to know whether or not they were hurt. Therefore, it is wise to see your personal physician as soon as possible.
  
• Tell your doctor about the truck collision, so that he or she can check for internal injuries that may result from the trauma of a truck accident.

Report the Truck Accident

• If police did not come to the truck accident scene, call the police to file a report, as soon as you are able to make a telephone call.
• If the truck driver fled the crash scene, you still must report the truck accident to the police.
• Get a copy of the police report about the truck accident whenever it is available.
  

File an Insurance Claim After a Truck Accident

• Tell your insurance company about the truck accident immediately and get an insurance claim number.
  
• Ask the insurance representative to open a Personal Injury Protection (PIP) file, to preserve all of your legal rights under your policy.
• Be sure to let your insurance company know if you were in a hit-and-run truck accident. Some insurance policies require notice of a claim involving an unidentified driver within 30 days of the truck accident.
• Tell your own insurance company that you claim your right to any uninsured or under-insured motorist coverage, in case the truck that hit you was not covered by motor vehicle insurance. Insurance companies often require prompt notice of these truck accident claims and may deny these benefits to anyone who does not follow the strict requirements in their policies.
  

Get Help from an Experienced Truck Accident Attorney
If you or a loved one was injured in a truck accident, talk with an experienced truck accident lawyer.

Serious truck accident claims often involved complicated legal issues. The negligent truck driver, the company that owns the truck, and other persons involved in the truck accident may all have attorneys working to protect their interests and to stop you from getting the compensation you deserve, talk with an experienced truck accident lawyer.

Auto Accident Statistics and Checklist

Auto Statistics
Automobile accidents are very dangerous and may cause serious injury. Although some insurance industry publications try to minimize the impact, the truth about automobile accidents is disturbing:

• According to the National Safety Council, there are approximately 12 million automobile accidents every year.
• Approximately 2 million non-fatal, but disabling, injuries occur from automobile accidents every year.
• Approximately 10% of all automobile accident victims become disabled.
• Collisions occurring at speeds as low as 5 miles an hour can lead to significant cervical or neck injury. This is true even though there is little to no damage to the motor vehicles in a low speed collision.
• Even if an accident causes no broken bones, a victim may suffer "soft-tissue" injuries that last for months, or sometimes years. A study reported in the European Spine Journal indicated that 10% of accident victims experienced degenerative bone conditions during the first year after the auto accident.
  

Michigan Auto Accident Checklist
If you were involved in a Michigan auto accident, do you know what to do? The following "checklist" can help you take the necessary steps to protect your legal rights in case of a Michigan auto accident.

Stay Calm after the Michigan Auto Accident:

• Protect your passengers and car.
  
• If necessary, call an ambulance for any injured party.
• Set out flares, if you carry them.
• Do not leave the scene of the Michigan car accident.
  

Exchange Documents after the Michigan Auto Accident:

• Exchange only your license, registration and motor vehicle identification card with the other drivers.
• Do not discuss the Michigan car accident with anyone other than the police.
• Do not blame yourself or anyone else.
  

Get Ownership Facts After the Michigan Auto Accident:

• Write down the name, address, and insurance company of the owner of the other car involved in the Michigan car accident.
• Do not assume that the other driver owned his or her car.
  

Get Information About Witnesses to the Michigan Auto Accident:

• Be sure to write down the names, addresses, and phone numbers of any people who saw the Michigan car accident, but were not involved in it.

Draw a Diagram of the Michigan Auto Accident Scene:

• Write the date and time of the Michigan auto accident on the diagram.
• In addition, write down information about the location of the auto accident, including the intersection, street names, any stop lights or traffic control signs, or other landmarks.
  

Protect Your Legal Rights After the Michigan Auto Accident:

• If you or a loved one suffered serious injuries in a Michigan auto accident, talk with an experienced Michigan auto accident lawyer.

Michigan Motorcycle Accident Statistics

For a Michigan motorcyclist, the results of a Michigan motorcycle accident can be extremely serious – or even fatal.

The facts about Michigan motorcycle accidents are clear.

In 2005, 120 motorcyclists died in Michigan motorcycle crashes, according to the motorcycle accident statistics reported by the Michigan Office of Highway Safety Planning. Another 2,660 motorcyclists were injured in Michigan motorcycle accidents in that year alone.

Compared with other travelers, Michigan motorcyclists are at much greater risk. A Michigan motorcyclist was the victim in 1 out of every 7 crashes causing death, and 1 out of 28 crashes causing injury.

Accident statistics show that the danger is increasing for Michigan motorcyclists. In the last 10 years, the number of Michigan motorcycle accidents rose by 45%. At the same time, the number of Michigan motorcycle accidents that resulted in death rose by 98%.

These Michigan motorcycle crash facts just begin to show the seriousness of these accidents. Statistics certainly cannot describe the lasting impact of a motorcycle accident on the victims or their families.

What to do After a Motorcycle Accident

After a Michigan motorcycle injury accident, there are important steps you can take to preserve evidence essential to a potential legal claim.

Obviously, if you or other accident victims need emergency medical assistance, ask someone to call an ambulance immediately.

If you can, while you are still at the accident scene, collect the following information:

· Get the name, address, and telephone number of the other driver(s) involved in the motorcycle accident.

· Get the drivers license number(s) and insurance information of the other driver(s), involved in the Michigan motorcycle accident.

· Get the make, model and year of the other vehicles(s) involved in the Michigan motorcycle accident and check the vehicle registration(s).

· Take down the name and address of the owner of each vehicle involved in the Michigan motorcycle accident, if a driver does not own that vehicle.

· If a business vehicle is involved in the Michigan motorcycle accident, write down the name, address, and telephone number of that business.

· If a leased or rented vehicle is involved in the accident, write down the name, address, and telephone number of the rental company.

· Give your name, address, drivers license number and insurance information to the other driver(s) involved in the Michigan motorcycle accident.

· Look around the accident scene to locate all possible witnesses. Ask for their names, addresses, and telephone numbers (home, cell, and work). If the witnesses to the accident do not want to get involved, write down their automobile license plate numbers and the states where the license plates were issued.

· Listen carefully to comments that the other driver(s) involved in the motorcycle accident, about events leading up to the accident, such as "I didn't see you," and write down their comments.

Call the police, or have someone else call them immediately. Generally, the police officer will interview all the drivers and any witnesses at the accident scene.

The police may also collect vital physical evidence and record the location of skid marks, highway signs and markings, and debris from the accident. All this information could be critical to "reconstruction" of the Michigan motorcycle accident, to determine the speed of each vehicle, the point of impact, and the person responsible for the accident.

At the scene, ask the police officer to find out where the other driver was going. If the driver was traveling on a work assignment, you may have legal claims against both the careless driver and his or her employer, for injuries you suffered in the Michigan motorcycle accident.

If you did not go to the emergency room right after the accident, see a doctor as soon as possible. It is very important to get a check-up, because you may not be able to tell how badly you are hurt right after an accident. Be sure to follow all the doctor’s instructions about further medical care, tests, treatment, or restrictions on your activity.

After a serious motorcycle accident, the at-fault driver or his or her insurance company may try to take advantage of an injured victim. To avoid this, follow these guidelines:

· Do NOT get into an argument with the other driver(s) involved in the Michigan motorcycle accident about what happened.

· Do NOT sign any statements or documents about the facts of the accident.

· Do NOT have your bike repaired. Wait until you have an experience Michigan motorcycle accident attorney, who will get your bike photographed and inspected, notify the other driver's insurance company, and show it the damage to your motorcycle.

· Do NOT answer questions from an insurance company or from an attorney representing the other driver involved in the Michigan motorcycle accident.

· If your own insurance policy requires you to report your Michigan motorcycle accident within a certain time, get an attorney to help you with this as well.

If you or a loved one was seriously injured in a Michigan motorcycle accident, contact an experienced Michigan motorcycle accident lawyer.

Burn Injuries -- Personal Injury Case

Burn injuries are extremely painful and may leave permanent physical and psychological scars. According to the Journal of Burn Care and Rehabilitation, in the early nineties there were more that 2.4 million burn injuries reported in the United States every year. Of these burn injuries, over one million involved significant physical damage.

Each year, thousands of burn injuries result in death. In fact, burn injuries are the second leading cause of accidental death, behind automobile accidents.

There are four categories of burn injuries:

1. First degree burns
2. Superficial second degree burns
3. Deep second degree burns
4. Third degree burns

First Degree Burns
First-degree burns usually affect the outer layer of the skin, called the epidermis. A first-degree burn tends to be moist and red in color. A burn of this nature is generally resolved within a week. A classic example of a first-degree burn would be mild sunburn.

Superficial Second Degree Burns
A superficial second-degree burn penetrates the entire epidermal layer of skin and extends down to the next skin layer, known as the dermis. Pressure on a second-degree burn tends to produce red blanches. The burn may appear moist and pinkish in color. A superficial second-degree burn also should heal spontaneously, often within two weeks.

Deep Second Degree Burns
A deep second-degree burn differs from the superficial variety, because the tissue destruction runs deeper into the dermis. A burn of this nature will be dry and whitish in color. It will not produce red blanches with application of pressure. This type of burn may take three to four weeks to heal. There is a risk that a deep second-degree burn will leave thick or hypertrophic scars.

Third Degree Burns
The most severe classification is the third degree burn. This occurs when the burn destroyed both the epidermal and dermal layers of skin and extended down to the subcutaneous tissue. These burns may be physically depressed, charred, and often leather-like in appearance.

Ironically, a third degree burn may not be as physically painful as less severe types, because of the amount of nerve endings that were destroyed. These burns are very serious and often require skin grafting or other reconstructive procedures.

Burns are also classified into two categories: partial thickness and full thickness. Partial thickness burns include first and second degree burns, while full thickness burns are usually third degree burns.

These descriptions only describe the general burn characteristics. However, you should not attempt to diagnose the severity of a burn on your own. Instead, get prompt medical attention, because this can be important in minimizing pain and promoting faster recovery. In severe burn cases, immediate medical treatment may save lives.

Burn injuries are expensive to treat. A prolonged hospitalization for third degree burns can easily exceed $100,000. Many burn injuries are due to negligence (the fault of another person). If you or a loved one suffered a burn injury, talk with an experienced Michigan personal injury lawyer today.

The Shrinking Supreme Court Docket

In 2006, the U.S. Supreme Court issued decisions on only 69 cases –the smallest number since before the Civil War. In the 1980’s, it was common for the Court to produce decisions on approximately 150 cases each year. In the early 1990’s, the number was still well over 100 cases — 117 decisions were produced in 1991.

During 2005 Senate confirmation hearings, Chief Justice John Roberts said he would work to increase docket size — but the exact opposite happened. Obtaining certiorari has always been a difficult task, and now it's even harder for litigants trying to get final resolution of their disputes.

The number of requests for Supreme Court review has not declined. At present, the Court receives more than 8,000 petitions for review, but chooses fewer than 70 for briefing and oral argument. This causes problems in cases turning on issues on which the lower courts are sharply divided.

There are several possible reasons for the Supreme Court’s decreased caseload.

First, the Justices may want to take fewer cases and work harder on them. It is true that the average number of pages per decision has increased to 100 pages. However, longer Court opinions are not necessarily better than shorter ones.

Second, the U.S. government is seeking Supreme Court review in fewer cases. Throughout the 1980’s, the U.S. Solicitor General’s office sought certiorari for about 50 cases a year. Now, it is requesting review of only about 10 cases a year. Because the Solicitor General’s office has substantial influence on the Court’s willingness to grant certiorari, this could contribute to the decline in its docket.

Third, the Justices themselves may be employing more strategic voting tactics. While it only requires four Justices to grant certiorari, any four may be reluctant to grant review, unless they are confident of receiving a fifth vote on the final decision.

Fourth, the use of the “cert pool” could be reducing the Court docket. Eight out of the nine Justices have agreed that one law clerk will read each case and prepare a memorandum summarizing reasons to either grant or deny certiorari. It has been suggested that law clerks feel pressured to advise against certiorari, because the Justices are more likely to accept this recommendation.

Lastly, a worthy explanation is that the lower federal courts and the Supreme Court have become ideologically similar. Majorities of both the Supreme Court and most federal Courts of Appeals have been appointed by Republican Presidents and tend to be conservative. Because these lower federal courts and the Supreme Court generally agree with each other, the latter may feel more comfortable accepting fewer cases.

Unfortunately, the Court never really explains its reasoning for declining a particular case — it usually provides a one-sentence order denying review.

However, as the Supreme Court keeps reducing its own workload, it continues to leave important legal questions unresolved.

Car - Motorcycle Accidents

Most Michigan motorcyclists use every possible safety precaution. But a motorcyclist hit by a car may not stand a chance. In these collisions, the motorcyclist is at grave risk of severe injury, permanent disability, or even death.

Over 4,000 motorcyclists died in motor vehicle crashes in 2004, according to the National Highway Safety Administration. Another 76,000 motorcyclists were injured in traffic accidents in that year alone.

Motorcyclists who survive automobile crashes often suffer serious injuries that require hospitalization, surgery, and long-term medical treatment. Some victims never regain their ability to work or resume normal family life.

Even if a car accident victim makes a relatively good recovery, the crash takes its toll. The individual may lose time and income from work, need help with household chores, and have to live with lingering pain from car accident injuries. In short, an auto accident can significantly change a motorcyclist’s life -- temporarily or even permanently.

Special Legal Issues in Motorcycle-Car Accident Cases
A motorcyclist injured in a Michigan car accident has a special need for help from a highly-qualified car accident attorney. In important ways, the legal claims of a motorcyclist are different -- and more complicated -- than the claims of an automobile driver, because Michigan law does not consider a motorcycle to be a “motor vehicle.”

Therefore, the most important legal claim available to a motorcyclist who is seriously injured in a Michigan car accident may be a Third-Party lawsuit against the negligent driver and the owner of the automobile involved in the collision. Under Michigan law, the injured motorcyclist may be able to recover damages for non-economic losses, including pain and suffering.

The Michigan car accident victim also may have a First-Party claim for No-Fault benefits, which cover economic damages, including medical costs, wage loss, attendant care, and replacement services. These No-Fault First-Party benefits may be crucial to the economic survival of a motorcyclist injured in a Michigan car accident. The accident victim must claim these benefits within one year.

However, an individual who held legal title to the motorcycle on which he or she was injured, and did not carry the basic liability insurance required by Michigan law, cannot get First-Party Benefits.

If you or a loved one have been seriously injured in a Michigan car accident, contact an experienced car accident lawyer immediately.

Expanding Access for the Disabled

Disability advocates are carefully looking at the Bush Administration’s new rules concerning the handicapped. The new regulations would give people with disabilities more access to many facilities from which they are currently barred. They would also update and revise the national standards for the Americans with Disabilities Act, in an effort to respond to the needs of an aging population and an increasing number of disabled war veterans.

The new rules would apply to more than seven million businesses and all state and local government agencies, and potentially assist the 51 million Americans who live with some sort of disability. The U.S. Chamber of Commerce criticizes the proposal, hailing it as too costly.

On the other hand, advocates for the disabled say that the rules do not go far enough, as the number of people living with a handicap increases each year. By 2010, it is estimated that 2% of the adult population will use wheelchairs, while 4% will use some sort of mobility device.

The proposed rules would change the way that facilities are built in order to be more accessible to the disabled. For example, courts would have to provide a lift or ramp to make sure that people in wheelchairs could make it to the witness stand. Light switches in hotel rooms could not be more than 48 inches high.

At the Bernstein Law Firm, we believe that it is essential to increase the accessibility to public facilities for those who need it. We are committed to protecting and expanding the rights of the disabled.

In our law office, attorney Richard Bernstein manages the department of litigators who focus on representing the disabled in complex, groundbreaking civil rights litigation. His work has won important victories in cases involving the City of Detroit, Northwest Airlines, and the University of Michigan.

Michigan Employment Disability Discrimination

The Persons With Disabilities Civil Rights Act (PWDCRA) is the Michigan law that prohibits discrimination against an individual based on disability.

In the employment context, the legal definition of disability is:

• A determined physical or mental characteristic that may result from disease, injury, congenital condition of birth, or functional disorder
• If the characteristic:
  
  • Substantially limits one or more major life activities, and
  • Is unrelated to the individual’s ability to perform the essential functions of the job.
    

However, the PWDCRA does not protect a person whose only disability is lack of the skill or knowledge to perform a particular job. Instead, the law covers an individual with a substantial impairment in handling activities that have central importance to daily life. In other words, the person must have a disability in daily life, as well as in the workplace.

Under state law, an employer must accommodate a worker with a disability, unless doing so would impose an undue hardship. Determining whether a requested accommodation would be an undue hardship, is based on a formula, which factors in that employer’s total number of employees and the state average weekly wage.

A worker must give his or her employer a written request for an accommodation within 182 days of time that the worker knows of the need for the accommodation.

Applying these legal protections to the unique situation of a individual with a specific disability can be complicated. If you or a loved one has experienced disability discrimination, it is important to talk with a Michigan employment discrimination lawyer with experience in Michigan and federal employment law.

Federal Disability Discrimination Law
Title I of the Americans with Disabilities Act of 1990 (ADA) prohibits employers from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, or other terms, conditions, and privileges of employment.

The ADA covers private employers with 15 or more employees, state and local governments, employment agencies, and labor organizations. The federal Rehabilitation Act provides that ADA non-discrimination standards also apply to federal government agencies.

Under the ADA, an individual with a disability is a person who:

• Has a physical or mental impairment that substantially limits one or more major life activities,
• Has a record of such an impairment, or
• Is regarded as having such an impairment.
  

An employee or applicant with a disability is considered qualified for a job, if he or she can perform the essential functions of that job, with or without reasonable accommodation.

A reasonable accommodation includes:

• Making existing workplace facilities readily accessible to and usable by a persons with a disability.
• Restructuring of a job, modifying a work schedule, or reassigning to a vacant position.
• Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.
  

An employer is required to make a reasonable accommodation for the known disability of a qualified applicant or employee, if the change would not impose an undue hardship on the operation of the employer's business. The ADA defines undue hardship as an action requiring significant difficulty or expense, when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.

An employer is not required to accommodate a worker with a disability by lowering quality or production standards, or by providing personal use items, such as eyeglasses or hearing aids.

Medical Examinations and Inquiries
An employer may not ask a job applicant for information about the existence, nature, or severity of a disability. However, it may ask about the applicant’s ability to perform specific job functions. In addition, an employer may make a job offer, conditioned on the results of a medical examination, if it requires all prospective employees in similar jobs to have examinations. The scope of any medical examination must be job-related and consistent with the employer's business needs.

Drug and Alcohol Abuse
The ADA does not cover employees or job applicants who currently use illegal drugs, and it does not prohibit drug tests. Employers may hold illegal drug users and alcoholics to the same performance standards as other employees.

Retaliation
It is unlawful to retaliate against an individual for opposing employment practices that discriminate based on disability, for filing a discrimination charge, or for testifying, or participating in any way in an ADA investigation, proceeding, or lawsuit.

If you or a loved one has experienced disability discrimination, it is important to talk with a Michigan employment discrimination lawyer with experience in Michigan and federal employment law.

Michigan Nursing Home Law

In addition to federal government oversight, the State of Michigan regulates the quality of care in nursing homes. The Patient’s Bill of Rights in the Michigan Public Health Code, MCL 333.20201, includes the following protections:

• A Michigan patient or resident is entitled to be free from mental and physical abuse and, except as authorized by a physician, or as necessitated by an emergency to protect the patient, free from physical and chemical restraints.
• A Michigan patient or resident shall not be denied appropriate care based on race, religion, national origin, sex, age, handicap, marital status, sexual preference, or source of payment.
• An individual may obtain a copy of, or inspect his/her medical records, and a third party shall not be given a copy without authorization of the patient except as required by law and third party contract.
• A Michigan patient or resident is entitled to privacy, to the extent feasible, in treatment and caring for personal needs with consideration, respect, and full recognition of his/her dignity and individuality.
• A Michigan patient or resident is entitled to receive adequate and appropriate care and information about his/her medical condition, proposed treatment and prospects for recovery, unless medically contraindicated by the physician in the medical record.
• A Michigan patient or resident is entitled to receive and examine an explanation of his/her bill. He/she also is entitled to know who is responsible for, and who is providing, his/her care.
• A Michigan patient or resident is entitled to associate and have private communication with his/her physician, attorney or any other person, and to send and receive personal mail unopened, unless medically contraindicated.
• A Michigan patient's civil and religious liberties shall not be infringed. The nursing home shall encourage and assist in the exercise of these rights.
• A Michigan patient or resident is entitled to retain and use personal clothing and possessions as space permits. At the request of a patient, a nursing home shall provide for safekeeping of personal property and funds, except that a nursing home shall not be required to provide for the safekeeping of property, which would impose an unreasonable burden on the nursing home.
• Each Michigan nursing home patient shall be provided with meals that meet the recommended dietary allowances for the patient's age and sex and that conform to the individual’s special dietary needs.
• A Michigan nursing home, its owner, administrator, employee, or representative shall not discharge, harass, retaliate, or discriminate against a patient because a patient has exercised rights protected by law.
  

If you think that a loved one was the victim of nursing home abuse or neglect, you owe it to that individual and your family to try to find out what happened. It is important to talk with a Michigan Attorney experienced in nursing home cases and Michigan regulations of nursing homes.

Ohio Medical Malpractice Law Overview

According to a recent report from the American Institute of Medicine, medical mistakes kill as many as 98,000 people every year and up to 7,000 patients die from errors in prescribing medicine. This far exceeds the annual number of people killed as a result of traffic accidents (43,450), breast cancer (42,300), or AIDS (16,400).

Under Ohio law, you often have only 1 year from the date of negligence to file a claim. If the victim of medical malpractice is a minor, then additional time is allowed.

Even if a medical mistake is not fatal, it can cause severe, permanent damage, such as brain injury, paralysis, amputation, disability, or disfigurement. Medical malpractice is about far more than dollars or statistics. The errors take a terrible toll on the lives of innocent victims.

Medical malpractice occurs when a doctor fails to act with a reasonable standard of care. When someone who is not a doctor makes a mistake, he or she is often said to have acted negligently. Malpractice is simply negligence applied to healthcare professionals. Tragically, a doctor's mistake can have severe -- or even deadly -- consequences for a trusting patient.

What is Medical Malpractice?
Some forms of medical malpractice are unmistakable, like performing surgery on the wrong body part or the wrong patient, or administering the wrong medication.

Other types of medical malpractice may not be obvious. For example, if an individual was not warned about the serious risk of a particular treatment or if treatment unexpectedly causes a horrible injury, malpractice may have occurred.

In general, an individual may have a medical malpractice claim when a doctor or other medical professional failed to provide proper treatment and the incorrect treatment caused the patient to suffer a new injury. The law requires evidence of new injury, because it would be unreasonable to hold the healthcare professional responsible for the original medical problem.

Some examples of medical malpractice include:

• Failure to diagnose a medical condition
• Misdiagnosis of a medical condition
• Failure to treat a patient's medical condition properly
• Failure to administer anesthesia safely
• Failure to manage a pregnancy or deliver a baby in a safe manner
• Failure of a nurse or other staff member to keep a treating physician informed of a patient's condition
• Failure to administer medications properly
• Failure to protect a patient from a fall or other injury on hospital property

The Rights of Ohio Medical Malpractice Victims
Sadly, many Americans die each year from medical mistakes. One of the best ways to help correct this crisis in medicine is to hold the negligent hospitals and physicians accountable for their mistakes.

In Ohio, a patient has the right to file a lawsuit against any physician or hospital, which may have committed malpractice. However, the filing requirements for a malpractice lawsuit are lengthy and complicated.

The laws governing malpractice suits may be the most complex of all Ohio personal injury laws. Failure to meet the Ohio legal requirements for an Ohio medical malpractice claim means that the victim loses all rights to file a lawsuit against the medical professional or hospital which negligently caused severe injury -- or even death.

If you or a loved one is the victim of medical malpractice, talk with a dedicated Ohio medical malpractice lawyer.

Michigan Race Discrimination Law

The Elliott-Larsen Civil Rights Act (ELCRA) is the Michigan law that prohibits discrimination based upon race, color, national origin, as well as other factors. The law, MCL 37.2202, states:

An employer must not refuse to hire or recruit, discharge, or otherwise discriminate against an individual with respect to employment, compensation, or a term, condition, or privilege of employment, because of . . . race, color, [or] national origin.

Federal Racial Discrimination Law – Title VII
Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination based on race or color, as well as national origin, sex, or religion. This law applies to employers with 15 or more employees, including federal, state, and local government agencies, employment agencies, and labor organizations.

An employer violates Title VII by discriminating against any employee or job applicant based on the individual’s race or color, in hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment.

No employment decision can be based on stereotypes or assumptions about the abilities, traits, or the performance of members of a particular racial group. Title VII also prohibits intentional discrimination and neutral policies unrelated to the job, which disproportionately exclude minorities.

In addition, an employer cannot deny equal employment opportunity, because of a person’s marriage to, or association with, an individual of a different race; because of membership in, or association with, ethnic based organizations or groups; or because of attendance or participation in schools or places of worship generally associated with a certain minority group.

Race-Related Characteristics and Conditions
Federal law prohibits discrimination based on a characteristic often associated with persons of a particular race, such as skin color, hair texture, or facial features, even though not all members of that race have the same characteristic.

Under most circumstances, an employer may not discriminate because of a condition that generally affects one race. Thus, most employers could not exclude all individuals with sickle cell anemia (which predominantly affects African-Americans), or prevent workers from having beards (which could be a greater hardship for African-American men who have a predisposition to pseudofolliculitis barbae (severe shaving bumps)). However, these types of employment rules would be lawful, if and only if, the employer can show that different treatment for persons with the condition is job-related and essential for business operations.

Harassment
Harassment based on race, color, or national origin violates Title VII. Ethnic slurs, racial "jokes," offensive or negative comments, pictures, or graffiti, or other verbal or physical workplace conduct based on race or color, constitutes unlawful harassment, if the conduct creates an intimidating, hostile, or offensive working environment or interferes with an individual's work performance.

Segregation and Classification of Employees
An employer violates Title VII by segregating or physically isolating workers of a particular race or color from other employees or customers. In addition, employers may not assign workers according to race or color. For example, Title VII prohibits assigning primarily African-Americans to predominantly African-American establishments or geographic areas.

It is also illegal to exclude members of one group from particular jobs, or to group or classify positions or employees, so that members of the protected group generally are placed in certain jobs. The practice of coding applications or resumes to designate an applicant's race or color, by either an employer or an employment agency, also is evidence of unlawful discrimination.

Pre-Employment Inquiries
Asking job applicants for information that indicates race or color strongly suggests that an employer will use it as a basis for hiring. Therefore, if members of minority groups were excluded from employment, the request for this pre-employment information could be evidence of discrimination.

It is possible that an employer legitimately wants information about the race or color of employees or job applicants, to use for affirmative action purposes. In that situation, the employer can guard against improper use of the information with "tear-off sheets" with the identification of an applicant's race. After the applicant completes the entire job application, the employer should remove the “tear-off sheet” and use the remainder of the application form in the hiring process.

Retaliation
Finally, it is unlawful for anyone to retaliate against an individual for opposing discriminatory employment practices, for filing a discrimination charge, or for testifying, or participating in any way in a Title VII investigation, proceeding, or lawsuit.

Head or Brain Injury

Traumatic injury to the head can damage the delicate tissues of the brain. Even if the full damage is not visible, brain injuries are often serious and life altering. The symptoms of brain damage vary widely, depending upon the type and extent of the injury. The most common causes of traumatic head injuries are motor vehicle accidents, falls, and firearms.

Two Categories of Brain Injury
Often, traumatic brain injuries are classified into two categories: penetrating head injury and closed head injury.

1. A penetrating head injury, or open wound, is visible and involves an actual penetration of the skull and brain tissue.
2. A closed head injury is the more common type of traumatic brain injury. These vary widely in severity. For example, a minor concussion is a form of closed head injury. On the other end of the spectrum, a closed head injury can result in complete disability, loss of physical function and cognitive ability, or even death.
   

Symptoms of Brain Injury
Sometimes the symptoms of a profound head injury are not immediately apparent. However, there are recognized symptoms of brain damage. Signs of closed head injury include unconsciousness at the accident site, a coma, or seizure(s). If an individual sustains any injury to the head, it is important to seek immediate medical attention.

When a person’s head is struck or jarred in an accident, be on the lookout for headaches, nausea, confusion, or other problems with concentration or memory. Personality changes also may signal a traumatic brain injury. The injured person might become unusually irritable, angry, or depressed. Family, friends, and co-workers may notice these changes, while the injured person does not. Once again, prompt medical attention is very important for a suspected injury.

The Glasgow Coma Scale
The outcome of a traumatic brain injury varies greatly, depending on its severity. A treating physician often uses the Glasgow Coma Scale to assess the extent of the damage.

The Glasgow Coma Scale measures a closed head injury victim's ability to open his or her eyes, provide verbal responses, and provide motor responses. The scale ranges between a score of three to fifteen. The higher the score, the better the overall prognosis.

Brain Injury Statistics
Traumatic head injuries are all too common. According to the Brain Injury Association, over 1.9 million Americans suffer a brain injury each year, and approximately 80,000 of those injuries result in long-term disability. The estimated cost of caring for traumatic brain injury victims is enormous -- over $48 billion dollars per year.

Head or Brain Injury & Michigan Auto Law
Michigan auto no-fault law requires auto accident victims in Michigan to prove that their injury represents a "serious impairment of a body function." The Michigan auto no-fault law defines a "serious impairment of a body function" as an objectively manifested impairment of an important body function that affects a persons general ability to live his or her normal life.

Michigan courts have interpreted the Michigan auto no-fault threshold to restrict access to the courts for many seriously injured auto accident victims. However, Michigan auto no-fault law provides for an exception to this threshold if the auto accident victim is able to claim a closed head injury.

Michgan law, MCL 500.3135(2)(a)(ii), states:

For a closed head injury, a question of fact for the jury is created if a licensed allopathic or osteopathic physician who regularly diagnosis or treats close-head injuries testifies under oath that there may be a serious neurological injury.

If you or a loved one suffered a serious accident involving a closed head injury, brain injury or head injury, talk with an experienced Michigan personal injury lawyer.

Federal Nursing Home Law

Both federal and state laws regulate almost every aspect of nursing home activity. If a patient is abused or neglected, the nursing home probably is violating the strict laws prohibiting improper treatment.

The following are some of the specific sections of the Code of Federal Regulations (CFR), which regulate the nursing home industry:

• Care for its residents in a manner and in an environment that promotes maintenance or enhancement of each resident's quality of life (42 CFR 483.15).
• Promote care for residents in a manner and in an environment that maintains or enhances each resident's dignity and respect in full recognition of his or her individuality (42 CFR 483.15).
• Ensure that the resident has the right to choose activities, schedules, and health care consistent with his or her interests, assessments, and plan of care (42 CFR 483.15).
• Conduct initially (no later than 14 days after admission) and periodically (after a significant change in the resident's physical or mental condition and, in no case, less often than once every 12 months) a comprehensive, accurate, standardized, reproducible assessment of each resident's functional capacity (42 CFR 483.20).
• Develop a comprehensive care plan for each resident that includes measurable objectives and timetables to meet the medical, nursing, mental, and psychosocial needs identified in the comprehensive assessment. The care plan must be developed within 7 days after completion of the comprehensive assessment and describe the services that are to be furnished. In addition, qualified persons must review, and if necessary revise, the care plan prepared after each assessment (42 CFR 483.20).
• Prevent the deterioration of a resident's ability to bathe, dress, groom, transfer and ambulate, toilet, eat, and to use speech, language or other functional communication systems (42 CFR 483.25).
• Provide, if a resident is unable to carry out activities of daily living, the necessary services to maintain good nutrition, grooming, and personal and oral hygiene (42 CFR 483.25).
• Ensure that residents receive proper treatment and assistive devices to maintain vision and hearing abilities (42 CFR 483.25).
• Ensure that residents do not develop pressure sores and, if a resident has pressure sores, must provide the necessary treatment and services to promote healing, prevent infection and prevent new sores from developing (42 CFR 483.25).
• Provide appropriate treatment and services to incontinent residents to restore as much normal bladder functioning as possible and prevent urinary tract infections and to restore as much normal bladder function as possible (42 CFR 483.25).
• Ensure that the resident receives adequate supervision and assistive devices to prevent accidents (42 CFR 483.25).
• Ensure that a resident maintains acceptable parameters of nutritional status, such as body weight and protein levels (42 CFR 483.25).
• Provide each resident with sufficient fluid intake to maintain proper hydration and health (42 CFR 483.25).
• Ensure that residents are free of any significant medication errors (42 CFR 483.25).
• Maintain sufficient nursing staff to provide nursing and related services to attain or maintain the highest practicable physical, mental, and psycho-social well-being of each resident, as determined by resident assessments and individual plans of care (42 CFR 483.30).
• Ensure that the medical care of each resident is supervised by a physician and must provide or arrange for the provision of physician services 24 hours a day, in case of an emergency (42 CFR 483.40).
• Provide pharmaceutical services (including procedures that assure the accurate acquiring, receiving, dispensing, and administering of all prescriptions) to meet the needs of each resident (42 CFR 483.60).
• Be administered in a manner that enables it to use its resources effectively and efficiently to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident (42 CFR 483.75).
• Maintain clinical records on each resident in accordance with accepted professional standards and practices that are complete, accurately documented, readily accessible, and systematically organized (42 CFR 483.75).

If you think that a loved one was the victim of nursing home abuse or neglect, you owe it to that individual and your family to try to find out what happened. It is important to talk with a lawyer experienced in nursing home cases and federal regulations of nursing homes.

Challenging the FDA and Drug Industry

Many in today's society are quickly realizing that just because the Federal Drug Administration approved a drug, doesn't mean that it's safe. An example of this is actor Dennis Quaid, who nearly lost his newborn twins when they were given an excessive dosage of Heparin. While the labels of the two bottles look nearly identical, the dosage that the Quaid twins received was 1,000 times larger than the amount they should have consumed. Although the company warned hospitals and requested label changes, they didn't take the drug off of the market.

According to Healthgrades, almost 250,000 patients studied between 2003 and 2005 died from potentially preventable problem dealing with improper medication use. The Institute of Medicine approximates that 1.5 million patients suffer the consequences of medication mistakes.

Despite these dangerous errors, the Bush Administration has attempted to pass a bill of goods to the courts, under the grounds that states don't have the right to hold a company accountable for selling a product that has been approved by the federal government. This, many medical experts agree, would be a grave mistake and ultimately would harm drug safety.

An important case to cite is that of Vioxx. In this example, Vioxx was approved by the FDA in 1998, even though it could potentially cause heart attack, stroke, or other severe cardiovascular problems. This is a great example of why the court system is so important. Medical experts remind us that it is absolutely paramount that a drug be constantly monitored during the post-marketing period, as it is possible that new serious safety issues may arise only after a drug has entered the market.

Mistakes in the practice of medicine, especially dealing with medication, are often life-changing and sometimes irreversible. As we handle a considerable number of medical malpractice cases each year, the Law Offices of Samuel I. Bernstein urges you to find an experienced lawyer who will fight on your behalf.

Defective Products Law in Michigan

Michigan Defective Product Law Requirements

One common requirement in all Michigan product liability claims is a finding of a defect in a product. The defect may be based on the following:

• Negligent design of the product
• Negligent manufacture of the product
• Negligent failure to warn about some aspect of the product
• Breach of an express or implied warranty
• Misrepresentation or fraud about the product

Under Michigan law, the injured person must prove the following:

1. The product was defective.
2. The defect caused the injury or damage.
3. An injury or damage was sustained.

Negligent Design
One of the most common defective product claims involves negligent design. These cases involve the design decisions made by the manufacturer during the creation of the product. The focus of this claim is that, even if the product was in its intended condition, there was something inherently wrong with the product that caused the damage.

To prove that the manufacturer failed to exercise reasonable care, the injured person must demonstrate that the product created an unreasonable risk or foreseeable injury.

To establish a prima facie case, the injured person must present evidence regarding either:

• The magnitude of the risk of injury presented by the defect in the product and the reasonableness of the proposed alternative designs, or

• Other evidence concerning the “unreasonableness” of the risks in the design

The application of this approach to each case is critically important. You should consult with an attorney.

Negligent Manufacture
In contrast to negligent design cases, a negligent manufacture case focuses on the actual product. The key question is whether the product that caused injury was different from the intended condition.

Even though the focus is on the product, the injured person must still show that the manufacturer failed to manufacture its product so as to eliminate any unreasonable risk of foreseeable injury.

Negligent Failure to Warn
Michigan product liability law recognizes that some products are inherently dangerous. These dangers cannot be eliminated through the design process. In these instances, a manufacturer may have a duty to warn the user of these hazards.

Michigan courts have ruled that manufacturers have a duty to warn purchasers or users of dangers associated with the intended use or reasonably foreseeable misuse of their products, but the scope of the duty is not unlimited.

Some issues that apply in most warning cases include:

• Whether there was a duty to warn is a question of law for the judge to decide
• The duty to warn arises when the manufacturer knows or should know of the risk of injury
• The standard of care requires the effective communication of adequate, accurate information
• The duty to warn and instruct extends to the foreseeable misuse of a product
• There is no duty to warn with regard to unforeseeable misuses

The two-pronged standard for evaluating a defect in a product, as stated in Owens v. Allis-Chalmers Corp, 414 Mich 413, 326 NW2d 372 (1982), was adopted by the Michigan Legislature in 1996.

The present Michigan Product Liability Act requires proof that:

• The product was unreasonably dangerous at the time it left the manufacturer’s control, and

• A practical and technically feasible alternative design was available at the time of production.

The Michigan Product Liability Act dramatically impacts all Michigan defective product claims. Michigan defective product law includes many important requirements. If you or a loved one was seriously injured by a defective product, talk with an experienced Michigan product liability lawyer today. You should consult with an attorney to learn more about your rights under Michigan law.