two of my legal assistants are getting to a point where their relationship is becoming untenable. does anyone have any suggestions about this other the firing one of them? basically one has been a legal assistant for ~7 years and thinks she is god's gift to the legal assistant profession. the other one we brought on as a receptionist and are transitioning over to legal assistant because she works hard and has picked things up quickly. but the older legal assistant nit picks her work to the point where the younger one is fed up. had a meeting to try to come up with a solution where the older one can tell me about things she wants to fix and if i think its a big deal i will relay it, but i can already tell it's going to blow up again.
Go with the young one. Sounds like the older one will be toxic to the new assistant you'll need to hire once the young one resigns. No need for a Terrell Owens attitude in the office.
if it gets to that point that is what i will do. frankly the older one is the weakest link in the office. and yes they do handle different cases. a lot of the issues are from the older one not being happy how messages are relayed from the receptionist/legal assistant and because the receptionist/legal assistant is also responsible for ordering medical records. this is the shit i'm having to deal with: the older one picked a fight because we got medical records and billing records with affidavits and the file was saved as "medical and billing records with affidavits" and not the medical and billing saved as two separate files.
doing a case audit with them on thursday so i can be up to speed on all of their cases in case a change needs to be made sooner rather than later.
Med mal lawyers: Have you ever heard of a hospital giving privileges to a neurosurgeon who was self insured? I have a case with good liability against a surgeon but we sued him and his personal lawyer told me that he has no malpractice insurance. We have good information that when he applied to this hospital he had a 500k/1M self insured policy. Does that mean he has collateral he puts up to self insure or he set aside that amount of money? Working up a negligent credentialing case against the hospital if they really let a guy operate without insurance. He also isn't board certified and isn't board eligible. Also don't know if the doc's lawyer lied to me and he in fact was "self insured". Have a subpoena to the hospital to get whatever insurance information he supplied when he applied for privileges and they filed a motion to quash. So that motion hearing is coming up.
setting up a 401k plan for my employees. it is amazing how clueless they are about retirement/investing. none of them had ever heard of a roth ira
Friend of a friend is looking for a med mal plaintiff’s attorney in the Charleston area. Anyone have a good recommendation?
My guess is he's an independent contractor and is "self-insured" in the sense that he purchased his own insurance policy and is not covered by the hospital's policy. He probably let his policy lapse or it was non-renewed or something. I don't think you'll be able to make a "negligent credentialing" case out of not having insurance. There's no proximate cause.
Received a wrongful death and survival case assignment this morning. Adjuster is on vacation so all I have at the moment is the plaintiff's petition, but it appears plaintiffs blew the statute of limitations by a day. Yikes.
I don't know the answer to this, but I'd argue that procedural Rule 6 says time doesn't begin to run until the day after the occurrence. So, if something happens today, on July 23, 2019, and the statute of limitations gives me two years, then I'd have to file on or before July 24, 2021.
It's state court. There's a statute that makes clear the SOL is "not later than two years after the day the cause of action accrues," which is defined in the same rule as the date of the injured person's death. There is a state rule for computation of time that mirrors Rule 6 and I expect they will make that argument, but I think the SOL statute is clear; it doesn't say "not later than two years after the day after the cause of action accrues." I'll have to do a look at the case law as I'm sure this issue has arisen before, and I guess that will determine the strength of the argument. We shall see, the judge may agree with your rationale. If so, it will still be a defensible case if handled on the merits. Edit: Already found some appellate case law that stands for my proposition of how to calculate time, just need to find a Supreme Court case that states it clearly, if possible.
Hey I can probably point you in the right direction. Currently in summary judgment hell, but shoot me a pm with any pertinent info and I can look into it for you.
the amount of upselling filevine just tried on our pricing call was absurd. they ballpark it during our initial call at 1k per user per year and then they call today on the pricing call and start at 15k for a firm with 6 users.
i actually think it will help us a lot. but i was not very pleased when they sent that over. $5k to input our forms into the system. i asked if they could just train my receptionist to do that. they said yes. ok... then ill just get her to do it.
turns out he has a line of credit with Merrill Lynch that he can draw on. Turns out he told the hospital it was 1.5M and that was sufficient for malpractice coverage in hospital's eyes and good enough to give him privileges. Turns out his line of credit now has been depleted down to $500k which the hospital didn't realize. Hospital told us they'd deal with that internally. Which I guess means he is either going to have to increase his line of credit or they'll suspend his privileges. Judge quashed my subpoena to the hospital which asked for whatever insurance he provided the hospital when he applied for privileges. Apparently that is immune from discovery. I was just provided the above information informally. None of it matters because I think he has enough to resolve the case. I have another claims against him where he screwed up another surgery so who knows if there will be anything left to resolve that one.
the bullshit of it all is that there is a rule of procedure that says insurance coverage is discoverable. But technically, a line of credit isn't insurance, even if it is being used for or in lieu of insurance. I think that if I crafted a RFP specifically asking for the balance and any paperwork on the line of credit, that if he objected to that and said it wasn't insurance and thus not discoverable and that his net worth wasn't at issue, I think that the judge would require it to be disclosed. I'm not sure on that.
A couple of months ago my wife was on her road bike and struck by a pick-up truck. Her medical expenses are covered and the replacement cost of the bike will be covered. When she was talking to the driver's insurance agent, he said that he "probably shouldn't be telling her this," but many people in her position would be filing a pain/suffering/inconvenience claim. I'm curious what folks here think about that. The agent said lots of people would get an attorney, but he didn't think we'd need one. More info - she fractured her hip and was non-weight bearing for 6-7 weeks and is now walking with a cane. She slept on a couch for 4 weeks because she couldn't use stairs. For the first couple of weeks I had to help her do basic movements (like sitting/lying down and standing up). She had to cancel a trip to Kenya. I had to work from home to help her and help with kids. My productivity decreased, which could be shown through my average billable hours compared to my hours for those few weeks.
She should hire a lawyer and file an injury claim If you just take a settlement for medical bills and property damage with a broken hip you are leaving tens of thousands of dollars on the table
You need to hire a PI to follow the adjuster and your wife. The only explanation for him saying that to you is that he is sleeping with her. Sorry for your loss.
To be clear - she has a FRACTURED hip. Three stable fractures and anticipated full recovery. Tens of thousands seems pretty high, but this is obviously not my line of work.
A fracture is worth decent money. It all depends on your venue, but even in non-Plaintiff friendly venues here, that's a good case. In some of the venues I practice in (which I admit are not the usual) it's a six figure case.
A young woman got hit by a truck and fractured a hip. The check book will be opened. We settled a case where a woman had basically no real injuries and had completely healed for 40k after she got hit by a truck while jogging.
Here in NYC taxi/Uber injuries of the sort you’re describing are (obviously) quite common. Settlement value for soft tissue damage (read: likely bullshit they found a quack doctor to attest to) is usually around 5-10k, let alone facts of an actual fracture + physical mobility impairments.
It depends a lot on the venue, medical bills, and policy limits, but that could easily be a $100k case. A broken hip is no joke.
You guys should definitely consult an attorney. Depending on the jurisdiction you might also have a small claim personally as well. Good luck to anyone taking the bar today. When I took my first one 7 years ago I swore never again yet here I am
Loss of consortium claims are generally bullshit, but a broken hip for a woman is a pretty obvious one.
Almost got hit by a texting lady whilst running a month ago. Seems like I should have let her hit me instead of sprinting and jumping to avoid it.
Just had a sovereign citizen call me about suing a hospital for something that happened in 1981. After I told him the SoL has passed, and he said that didn't apply to him because he's a sovereign citizen, I told him I don't do medical malpractice and gave him my law school friend's number. I'm now waiting on the "fuck you" text from my friend.
Tilly can you send me a depo outline for the depo of the husband in a high assett divorce? did’t bring mine with me from my old firm and this is the first high assett divorce I’ve done since switching firms. Depo is Thursday.