Clark, Perdue Supports the Southern Poverty Law Center
The Southern Poverty Law Center is a nonprofit civil rights organization dedicated to fighting hate and bigotry, and to seeking justice for the most vulnerable members of society. Founded by civil rights lawyer Morris Dees in 1971, the SPLC is internationally known for tracking and exposing the activities of hate groups. While we at Clark, Perdue are dedicated to protecting the rights of injured victims by holding wrongdoers accountable, we also support the efforts of the SPLC to protect society's most vulnerable citizens from hate and intolerance. For more information joint the SPLC or make a financial contribution, go to http://www.splcenter.org.
Overcharged for Car Maintenace of Repairs?
We are currently helping consumers who own European brand cars and have been overcharged for services or charged for services that have not been performed. If you believe you have been overcharged or otherwise have concerns about charges for routine maintenance or repairs to your vehicle and would like more information, please call us.
Keppra Claims
If you have been prescribed Keppra for epilepsy or other seizure disorder, and you have suffered a seizure following ingestion of this drug, you may have a claim against the manufacturer. Please visit us our Keppra claim page for more information.
Clark Perdue is assisting consumers with class action claims. Although your individual claim may seem small, thousands of other consumers might be affected by the same misconduct or fraud. For more information, please visit our Class Action web page.
Dangers and Legal Liability -- Cell Phones and Driving
Research demonstrates that cell phone use is distracting--and that texting is more distracting than talking. The more distracted a driver becomes, the higher the risk of an accident. At least two studies equate cell phone use with operating a motor vehicle under the influence of alcohol.
Cell phone use in motor vehicles can make employers legal responsible for accidents. If a driver is conducting business on a cell phone while driving, an employer may be held accountable to pay damages to an accident victim.
For more information, including an article by Dale Perdue, visit our Cell Phone Liability page.
Five Myths of Medical Malpractice
Washington, DC-As enemies of health care reform spread lies and mistruths about medical negligence, a new white paper tackles the issue head-on, debunking the most common myths with sound science and research while refuting the hyperbole and empty rhetoric.
Five Myths About Medical Negligence, one in a series of reports from the American Association for Justice on this issue, examines the errors and faults behind the most commonly used talking points of health care reform opponents.
- Myth #1: There are too many "frivolous" malpractice lawsuits.
Fact: There's an epidemic of medical negligence, not lawsuits. Only one in eight people injured by medical negligence ever file suit. Civil filings have declined eight percent over the last decade, and are less than one percent of the whole civil docket. A 2006 Harvard study found that 97 percent of claims were meritorious, stating, "portraits of a malpractice system that is stricken with frivolous litigation are overblown."
- Myth #2: Malpractice claims drive up health care costs.
Fact: According to the National Association of Insurance Commissioners, the total spent defending claims and compensating victims of medical negligence was just 0.3% of health care costs, and the Congressional Budget Office and Government Accountability Office have made similar findings.
- Myth #3: Doctors are fleeing.
Fact: Then where are they going? According to the American Medical Association's own data, the number of practicing physicians in the United States has been growing steadily for decades. Not only are there more doctors, but the number of doctors is increasing faster than population growth. Despite the cries of physicians fleeing multiple states, the number of physicians increased in every state, and only four states saw growth slower than population growth; these four states all have medical malpractice caps.
- Myth #4: Malpractice claims drive up doctors' premiums.
Fact: Empirical research has found that there is little correlation between malpractice payouts and malpractice premiums paid by doctors. A study of the leading medical malpractice insurance companies' financial statements by former Missouri Insurance Commissioner Jay Angoff found that these insurers artificially raised doctors' premiums and misled the public about the nature of medical negligence claims. A previous AAJ report on malpractice insurers found they had earnings higher than 99% of Fortune 500 companies.
- Myth #5: Tort reform will lower insurance rates.
Fact: Tort reforms are passed under the guise that they will lower physicians' liability premiums. This does not happen. While insurers do pay out less money when damages awards are capped, they do not pass the savings along to doctors by lowering premiums. Even the most ardent tort reformers have been caught stating that tort reform will have no effect on insurance rates.
"All the facts and evidence show that tort law changes will do practically nothing to lower costs or cover the uninsured," said AAJ President Anthony Tarricone. "It's no wonder the tort reformers, insurance lobby, and other corporate front groups have to gin up lies and phony stats, since no legitimate data or research supports their claims. Our focus should be on reducing the 98,000 deaths by medical error that occurs every year, not limiting patients' legal rights."
As part of its ongoing series on the topic, AAJ earlier released Medical Negligence: A Primer for the Nation's Health Care Debate, The Truth About "Defensive Medicine," and The Insurance Hoax: How Doctors and Patients Pay for the Huge Earnings of Medical Malpractice Insurers. These can be located at www.justice.org/medicalnegligence. Five Myths About Medical Negligence can be found directly at: www.justice.org/clips/Five Myths About Medical Negligence.pdf.
Governments Consider Bans on Texting
Columbus has joined a growing number of municipalities other governmental entities that have enacted or are considering bans on texting while operating a motor vehicle.
We believe it is virtually certain that Columbus, other major cities, and most states will ban texting while driving. It is likely that this will be a primary offense, meaning that patrol officers may stop and cite a motorist for texting, even if no other traffic violation is observed. It is also likely that the ban will include texting while stopped at red light or stop sign.
Texting will no doubt include sending an email on mobile device such as a BlackBerry ®.
It is undisputed that texting while driving is extremely dangerous. That fact is beyond controversy. However, the practice can be highly addictive had hard to control. We suggest that you ban yourself from texting or sending emails while you are behind the wheel of a motor vehicle any roadway.
If you are the parent of teenagers who drive, we strongly recommend that you ban the use of cell phones altogether while your teenager is a driver or occupant of a motor vehicle. We also suggest that you have regular family meetings where you discuss the dangers of texting and cell phone use in a motor vehicle.
Five Safety Tips for Springtime
- Ladder Safety. Warm weather presents the opportunity to tackle those outdoor chores that require an extension ladder. The basic rule for an extension ladder is to place it one foot away from whatever it leans against for every four feet of height. Make sure the base is stable. And never leave a ladder unattended-kids love them! For more information, see OSHA's Portable Ladder Safety Tips http://www.osha.gov/Publications/portable_ladder_qc.html .
- Wear a Helmet! Whether you are riding a bicycle, motorcycle, rollerblading or skateboarding, wear a helmet! According to the Brain Injury Association of America ( http://www.biausa.org), helmets for bicyclists, rollerbladers and skateboarders, when worn properly, are 85% effective in preventing brain injury. If you are a parent, insist that your child wears a helmet, and model safe behavior by wearing a helmet yourself. Children will pick up on the "double standard" if you tell them to wear a helmet but fail to wear one yourself.
- Motorcycles. Warm weather dramatically increases the number of motorcycles on the roads. If you ride a motorcycle, assume that you are invisible to the drivers of other motor vehicles and adjust your defensive driving accordingly. If you are one of those other drivers, be alert for those two-wheel vehicles that share the road with you and enjoy the same rights.
- Use Sunscreen. Be sure to use sunscreen. And remember, sunscreen is not just for those hot summer days. Everyone should use sunscreen all the time when they are out in the sun-even people with dark pigmented skin. Using a sunscreen with an SFP rating of 30 provides blocks 97% of UVB rays. UVB rays are the "burning rays" rays of the sun and the primary cause of sunburn. These rays damages the skin's cellular DNA and play a key role in melanoma, the deadliest form of skin cancer, which kills more than 8,000 Americans each year. Apply sunscreen 15 to 20 minutes before you intend to be exposed to the sun.
- Selling or Trading a Vehicle with Navigation System? Spring is a popular time to purchase a new car. However, if the car you are trading in or selling is equipped with a navigation system, you need to take some steps to scrub the data. Your navigation system will no doubt contain your home address, your work address, and other information you would not want to share with strangers. Car dealers are not legally required to delete information from a navigation system. So be sure to do it yourself before you part with your old car.
