Hone Law Blog

15 Oct

Wrongful Death: The Meningitis Outbreak and Justice in Michigan

Wrongful Death: The Meningitis Outbreak and Justice in Michigan Because Michigan is the one state in the country that the pharmacy companies have immunity, victims of the recent meningitis outbreak as a result of fungus-tainted steroid injections, may be concerned that they cannot make a claim in Michigan. However, the citizen and patient may get a break in this instance.  Although, generally the pharmaceutical industry in MIchigan is off the hook for the harm they may cause, the immunity law only relates to pharmaceuticals that require approval the the U.S. Food and Drug administration. A compounding pharmacy and provider, is treated differently than your typical pharmaceutical drug company.  It is the preparation containing several ingredients combined in the compounding pharmacy or business.  It is not required to get approval from the F.D.A. Every day brings us news of more outbreaks in Michigan.  A woman in Howell, Michigan has died, and her unfortunate husband had an injection of the steroid as well. A clinic in Brighton, Michigan administered the shots. Tennessee and Michigan have the… Read More

13 Oct

Medical Malpractice Michigan Blog: Why are so few cases being filed?

It is amazing that in 2012,  occasionally you still may hear the comment that American’s are law suit happy, or that physicians are being chased out of the state of Michigan by frivolous Malpractice lawsuits. Nothing could be farther from the truth.  Recently, in Michigan, hearings were held before the Senate Insurance Committee,on legislation proposed by a physician politician, that would essentially have finally stripped the citizens of what remaining rights they had to access the courts to redress grievances against the medical establishment.  The right to a jury trial, and a jury determination of the facts has been under assault for more than a generation. And the insurance companies have been winning. One of the speakers at the hearings was an attorney representing the organization of lawyers that defends hospitals and doctors.  In other words, their own lawyer!  It didn’t surprise me, because I know the lawyers I meet from the other side, are ethical positive people.  What was amazing was that in a state of close to 10 Million… Read More

12 Oct

Nursing Home Cases in Michigan: How do Bed Sores cause death?

Nursing Home Cases in Michigan:  How do Bed Sores cause death? Why is it that one of the major problems occurring in nursing home is the decubitus ulcer, otherwise known as bed sore, or pressure sore.  It is something that wouldn’t occur to most of us in our day to day lives.  The old and elderly are at risk for this for a number of reasons including thinner skin, less ability to get around and move, less or no ability to get out of bed, or turn themselves over, incontinence ( urine can have a very corrosive effect), dehydration, etc…. The problem is compounded when the nursing home, rehabilitation facility, assisted living facility nursing staff or aids are not vigilant in following directions of the physician orders and don’t turn the resident, don’t document, wrongfully document, etc… The residents are cared for  by the nursing staff.  The physician is not there 24/7 generally.  The beginning of the bed sore may go undocumented.  The admission assessment may not identify the risk areas.  Because of… Read More

12 Oct

Sexual Assaults in Nursing Homes In Michigan

Sexual Assaults in Nursing Homes in Michigan and throughout the United States is an ongoing problem. The data is only beginning to emerge with regard to this phenomena.  It is known many cases go unreported.  Therefore, the extent of the problem is unknown. Obviously, the nursing home population, the old, the elderly, the mentally disabled, those suffering from dementia, Alzheimers, etc.. is very vulnerable to this abuse as well as general abuse.  Unfortunately, the functional and cognitive dysfunction of the resident creates a situation where the abuse cannot be articulated or reported.  It is primarily the diligence of the staff to observe and monitor the residents that protects them. The case against the aide in Michigan for abuse is difficult to win.  Because of recent law, the nursing home, the subacute, longterm care or assisted living facility can only be held accountable if they failed to do a criminal background check on the abuser, or failed to respond to notice of the abuse.  The legal challenge is the… Read More

12 Oct

The Auto Accident Injury Claim in Michigan

The following blog is to help the injured person to prepare and safeguard his or her claim in Michigan. The insurance industry has developed sophisticated tracking mechanisms for settlement purposes. Steps you take immediately after your accident can assist your lawyer in getting you the best settlement later. It boils down to the evidence. Evidence, evidence, evidence. You are in an accident. A traffic accident report is generated by the responding police department. Medical records are generated by the EMS, the Emergency Room, the Hospital is admitted, the physicians that begin treating your injuries. Suddenly, lawyers show up at your door, your hospital room, or contact you by phone or letter. These lawyers are part of schemes that tap into the public infomation, the police report, etc… to find our who has been in accidents. Beware, this should throw up red flags to you. The first hurdle you face is the less ethical law firms, that tap into these schemes, and attempt to sign you… Read More

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