Des Moines Personal Injury Lawyer - General Personal Injury

Stale medical bills,

Steve Lombardi — Tue, 10 Jun 2008 07:16:00 GMT

QUESTION: I was asked a question about stale medical bills and it seems to be a reoccuring problem. The question has to do with stale medical bills and a delayed billing by the medical service provider. The billing was not originally made and when it was, six years later, it was too late to file with the responsible parent's health insurance carrier. What do you do when a medical service provider bills you six years after providing medical care? Do you still owe for the service provided? What if you can't now pay them?

Previously I've had to address this same problem. The billing company came after the parent five or more years after the services were rendered. More often then not the delay puts the responsible parent outside of the allowable period for filing a health insurance claim with your insurance company. Generally most health insurance policies provide no bills would be covered after 12 months. The bills were created for care for my children and ex-wife who never turned them into my insurance or advised me so I could do it. When she filed for bankruptcy they came after me. Quite a surprise and no way was I paying them. The Judge agreed with me. He ruled the hospital and other medical service providers had a duty to turn the bills into my insurance company or to advise me within a reasonable period of time after the service or forgoe charging me as the parent. A reasonable period of time he determined to coincide with the health insurance contract one year provision. Besides that the proof stunk. The HIPPA forms were on blank paper and did not include the box descriptions to show what the amounts or numbers corresponded with. Without that proof everyone was left to guess. Okay enough talking, good luck in California. Steve Lombardi

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Originally posted at InjuryBoard by Steve Lombardi

ATV Accidents - An Introduction to the challenge of ATV safety

Steve Lombardi — Sat, 17 May 2008 00:00:31 GMT

ATV safety is a concern when we discuss brain damage and youthful exuberance. Damaging the brain causes long term problems that may not be readily apparent. So how do the numbers stack up for the normal way in which we measure the risk? How many deaths are there from ATV accidents?

The Consumer Product Safety Commission (CPSC) reported the statistics for ATV wrecks in 2005.

2002 - 606 deaths
2004 - 860 deaths
2005 - 870 deaths

There is a push underfoot to ban children under the age of 16 from being allowed to operate an ATV. Children under 16, in 2006 accounted for 30% of the more serious related injury cases. The CPSC has been stressing training of young riders as a way to reduce accidents. Between 2000 and 2005 sales of four-wheeled ATV's nearly doubled, yet the number of deaths has stayed about the same. Some estimates have the risk of death from use at about 1 in 10,000. ATV's can drive at speeds up to 38 mph, up from 30 mph. The debate goes on about what should be done.

So how does Iowa rank in terms of the number of deaths against other Midwestern states? Wisconsin has a higher rank at 15 and Minnesota at 16 compares with Iowa at being the 29th out of the 50 states. Between 1982 and 2001 65 Iowans died in ATV related accidents. That number between 2002 and 2005 rose by 31 additional deaths. Wisconsin during those two periods had 140 deaths and Minnesota 135 total deaths. Generally speaking children account for 18% of overall deaths.

There is an ATV safety page put out by the government. The February 2008 CPSC report of 2006 ATV-related deaths can be found on that site. As of December 31, 2006 the CPSC reports the total number of deaths in America were at 8,104. Iowans claimed 107 of those deaths. Twenty-nine percent of the total number of deaths was children under age 16.

Originally posted at InjuryBoard by Steve Lombardi

PTSD - Genetic Link

Steve Lombardi — Fri, 16 May 2008 00:00:39 GMT

Post traumatic stress disorder or PTSD has a genetic code that makes certain individuals more susceptible than others to stress related disorders.

Scientists have identified a gene with the genetic code that makes people more susceptible to PTSD or post traumatic stress disorder.

Post-Traumatic Stress Disorder (PTSD)
What is Post-Traumatic Stress Disorder? Post-Traumatic Stress Disorder, PTSD, is an anxiety disorder that can develop after exposure to a terrifying event or ordeal in which grave physical harm occurred or was threatened. Traumatic events that may trigger PTSD include violent personal assaults, natural or human-caused disasters, accidents, or military combat.

Signs & Symptoms People with PTSD have persistent frightening thoughts and memories of their ordeal and feel emotionally numb, especially with people they were once close to. They may experience sleep problems, feel detached or numb, or be easily startled.

Treatment Effective treatments for post-traumatic stress disorder are available, and research is yielding new, improved therapies that can help most people with PTSD and other anxiety disorders lead productive, fulfilling lives.

The NIMH or the National Institute of Mental Health has created a fact sheet that explains many aspects of PTSD.

Originally posted at InjuryBoard by Steve Lombardi

Car Impounded - How long can they keep it before it goes up for auction?

Steve Lombardi — Sun, 11 May 2008 00:00:17 GMT

How long can they keep my car in impound before sending it to auction?

Question: How long can a car be in impound before it is auctioned off?

Well this is a tough question to answer because it's too unspecific. Depending upon the situation and who impounded the car, the rules can be very different. Was it a private property owner, the police, the State Patrol, a local government or some other entity that took control of it? Where was the car when it was taken to impound? What rules apply, can be quite different. Here is what I'd suggest. Call the impound authority and ask them that question. "How long will you hold the car before it is sent to auction?" Ask them what laws or administrative rules apply. And there lies your answer. Get the rules, read them and make sure they aren't violating the rules or else they have no right to auction off your car. Good luck.

Originally posted at InjuryBoard by Steve Lombardi

Farm Equipment Accidents - Road travel by teens

Steve Lombardi — Thu, 08 May 2008 00:00:18 GMT

Teach your teens about driving defensively when farm equipment may also be on the roadway. You should know that fall is the time when a greater number of accidents happen. The Iowa State Extension Office puts out a flier on how to share the road with farm vehicles.

Here are some of the tips they give on how to avoid some of the more common collisions or wrecks:

Left-turn collision
Defensive driving tips:
-Is it really turning? Don't assume a farm vehicle that pulls to the right side of the road is going to turn right, or is letting you pass. Check the operator's hand signals.
- Is there a turn signal? A flashing light on a tractor that suddenly stops flashing is a turn signal. Slow down when you see this signal.
-Where could it turn? Check the left side of the road for gates, driveways, or any place a farm vehicle might turn.

Rear-end collision
Defensive driving tips:
-Be alert. Always watch for farm vehicles on rural roads, especially at planting and harvest.
-Slow down immediately. As soon as you see a slow-moving vehicle, start to apply brakes like you would when approaching a stoplight.
-Keep your distance. Stay a safe distance behind farm vehicles. Most farm equipment is not designed to travel at speeds greater than 25 miles an hour. Even when towed behind a truck, equipment such as sprayers and fuel tanks often travels less than 25 miles an hour.

Passing collision
Defensive driving tips:
-Be patient. Don't assume the farmer can move aside to let you pass. Shoulders may be soft, wet, or steep, which can cause the farm vehicle to tip, or they may not be able to support a heavy farm vehicle.
-Make sure you're clear. When passing, make sure you can see the farm vehicle in your rear-view mirror before you get back in your lane.
-Enjoy the drive. Even if you have to slow down to 20 miles an hour and follow a tractor for two miles, it takes only six minutes of your time, about the same as waiting for two stoplights.

Stay alert, play it safe - don't blow it you're only a teenager once.

Originally posted at InjuryBoard by Steve Lombardi

Boating and operating while intoxicated in Iowa.

Steve Lombardi — Wed, 07 May 2008 00:00:23 GMT

Today is the birthday for my older sister and brother. They are twins. Not identical but nevertheless twins. I think my sister is the older one. She certainly acts older. She lives next door to our mother, Dolly. In honor their birthday let's talk about common sense. Iowa is considering lowering the legal limit of alcohol for the crime of operating while under the influence while boating. So what is it about drinking and boating in Iowa? Why do the two seem to go hand-in-hand? And what would Dolly say to those who mix the two?

What is it about boating and booze? Why on Iowa lakes do the two seem to go together? I'm not picking on Iowa but living here it is the turf where I practice law. I've seen more of the same at the Lake of the Ozarks and lakes in Minnesota; so when it comes to boating and booze Iowa isn't alone.

I've wondered why there are differences from fresh lake boating and those boating on salt water. Today's post is just about my own experiences and why I see there is a difference. You may agree and then again you may not agree. That is your right. So here is my perspective about what Iowa law makers should think about when they consider lowering the blood alcohol limit for boat operators.

I grew up a New Englander (pronouced Na-Engleda) from a small town named Bristol, Rhode Island. Bristol is right on Bristol Harbor and is a part of Narragansett Bay. Its 20 minutes from Newport where America's Cup races were an annual event. Throughout the area many workers earn a living either on the water or in building something that is used on the water. When you grow up around the water's edge you learn about it early in life and with the experiences of youth a respect for the water develops. The water created side jobs for us. We earned a few bucks digging quahogs, clams and cleaning up boat hulls. From scraping barnacles off of boat hulls, to painting water lines and lower hulls to trying, unsuccessfully I might add, to pulling a bull rake, there were many ways to earn side money as a teenager. My brother Charlie and I would fish off of the Elks pier for flats and blues when they ran. Sitting for hours on the dock at the end of Constitution Street where it intersects with Thames, we'd while away the hours studying what works and what didn't. My mother, even though she viewed dirt as the ultimate enemy, relished the idea of showing us how to bait a hook and clean the fish. Hands can be washed, she'd tell us. Being a single mother of five she derived great pleasure in wrapping the cleaned fish in cellophane and then a layer of "tin foil" to keep them from freezer burn. Even then I could understand her joy in us catching a bucket full of flats. And when the work was done the water served as youthful entertainment.

Setting up camp on Hog Island while eating Dunkin Donuts and drinking "regular coffee" we enjoyed the water's edge for a night away from home. I learned to water ski white caps on the back of a 15 horse powered Evinrude, simply because I was the smallest and lightest of the group that hung around at the end of Fales Road. The daily tide schedule was in many respects more important than the time of day or the weather report. "Hey when is low tide today?" you'd hear someone ask. Of course that question immediately indicated their out-of-towner status. All good Rhode Islanders wake up already knowing the tidal shifts. It's part of a New England baby's DNA. I loved the moon tides and how far up and out the water would come and go. The pull of a full moon causes significant changes in the tides and the havoc it can wreak almost seemed like an adventure. And if during a moon tied there was a "Nor'easter blowin in" the size and power of the waves was incredible to watch. We would watch with awe as every huge wave of water rhythmically slammed against the Burton Street Wall; the water coming up and over the wall soaking Hope Street and whatever unsuspecting motorist that drove by at just that instant. My saying I was heading down to the water during one of these brought judgment from Dolly. She'd judge with a simple question, "What are you stupid?" Oh if she only knew the half of it.

If during one of our moon tide sojourns a boat came lose from its mooring John Silvia and I might get to save it from destruction or watch as it beached itself. Normally they were too large to save so you'd get to watch it slammed repeated into rocks or a dock. The power of the sea is enormous and can be terribly frightful to experience. Standing on a flying bridge heading from Point Judith to Block Island, the trough of a wave can be so low that you temporarily lose sight of a boat on the other side of the wave. If that doesn't wake you up to the reality of how serious boating can be then watching a storm approach with a wall of water dark as night should. For all of its pleasures boating and the water's edge can be dangerous. So why do boat operators on lakes feel so at ease mixing boats and booze? You got me. Dolly might have something to say about it all. Even though she doesn't drink, has probably never boated and now lives in Florida, she might still have an opinion on the subject. I venture to guess that Dolly would ask, "Are you stupid?"

Dolly would not be pleased. But as a gift for my older brother here is video from Sideways titled "Friggin Merlot"; and for my sister my favorite scene from the same movie. It's titled "Getting Acquainted".

Originally posted at InjuryBoard by Steve Lombardi

Cadmium poisoning - your final defense

Megan Roth — Tue, 06 May 2008 00:00:15 GMT

Cadmium's effects begin almost immediately after exposure. Though an individual may have overcome the cadmium blues, they will continue to suffer its effects in the form of bone loss, kidney failure, and respiratory problems (among other ailments).

Even when exposure to cadmium is identified, diagnosed early on, and treated in the best manner possible, its effects don't just disappear. Though the victim may have survived cadmium poisoning, his/her health will undoubtedly suffer long term effects - effects which often end up contributing to his/her death, in one way or another.

Though an individual may have overcome the cadmium blues - the flu-like symptoms that result from acute cadmium poisoning - they will continue to suffer its effects in the form of bone loss, kidney failure, and respiratory problems (among many other ailments).

Cadmium's effects on bones begin almost immediately after an individual is exposed to the toxin; as a result, it causes bones to deteriorate more quickly and quickens the onset of osteoporosis. Even low-level exposure, which occurs quite frequently through day-to-day activities and, is a risk factor for skeletal diseases.

Cadmium is also a risk factor for kidney disease; exposure to the toxin shrinks the kidneys by up to 30 percent, thus limiting their ability to function properly. As a result, many victims of cadmium poisoning often end up hospitalized for various causes, many of which result from kidney failure.

And what about your respiratory system? Bronchitis and whooping cough have nothing on cadmium poisoning. Again, exposure to the toxin breaks down your systems and correlates with acute respiratory fatality. Need we even mention the fact that, in high concentrations, cadmium leads to pulmonary edema and has been associated with alarmingly high developmental rates of lung and respiratory cancers.

And you may want to take certain toys away from your child (we recommend coming up with a seemingly-legit excuse first - there's no reason for undue tears!). Certain toys contain cadmium compounds which have been identified as a lead contributor to psychological disorders and damage to the central nervous system - both of which are treatable but irreversible.

Actually, none of the aforementioned ailments are reversible; the onset of any one of them leads to the breakdown of another system, which leads to the breakdown of another, and so on and so on. So, should cadmium exposure occur, contact your personal defense lawyer. Because, when all your systems are weakened in the end, he's going to be the only defense you've got.

Originally posted at InjuryBoard by Megan Roth

You've been exposed to Cadmium - now what?

Megan Roth — Mon, 05 May 2008 00:00:15 GMT

Cadmium poisoning and how to effectively treat it is a conundrum.

Alright, let's say you've done everything we recommended in order to prevent cadmium poisoning. You've altered your diet to include a well-balanced mix of all major food groups, you've replaced your rusty, out-dated pipes, and you've stopped smoking (cold turkey, of course). So now there's no risk of cadmium exposure, right? Wishful thinking. Though you've decreased your risk, there's no way to completely eliminate it. Let's pretend that, one way or another; you've been exposed to the toxin. How do you know you've been exposed and how should you react?

First and foremost, you should know the symptoms of cadmium poisoning, which adversely affects respiratory and kidney functions. Anytime cadmium exposure is suspected or symptoms resemble those of cadmium poisoning, seek medical attention; there's no effective treatment for the poison, so it's important to diagnose it and begin work against it right away.

If you've been exposed to the toxin, immediately remove yourself from the environment in which exposure has occurred and administer oxygen. If exposure occurred through the ingestion of cadmium salts, induce vomiting ASAP; as happens when any toxin is ingested, our bodies react naturally as a means of warding off the harmful substance. The easiest way to eliminate this is to rid the body of the toxin, through whatever means necessary.

It's important to note that, to date, no treatment has been proven effective for cadmium poisoning. As a result, exposure to the toxin must be treated symptomatically. For example, cadmium poisoning often causes headaches, chest pains, muscle aches, coughing and fevers; though they may not be cured, each of these symptoms can be lessened with the use of over-the-counter medications.

Similarly, one who's experiencing the common symptoms of dizziness and fatigue will no doubt benefit from the ever-popular doctors' recommendation to get a little R&R - yup, you guessed it: rest and relaxation. While having an excuse to curl up on the couch without feeling guilty may seem nice, it'll undoubtedly get old when you have to do it day after day because your symptoms aren't going away.

This is the major problem: there may be means of providing temporary relief from symptoms of cadmium poisoning, but they are just that: temporary. The effects of cadmium poisoning will not go away and, in the long-term, they will not get better. Thus, it is essential to avoid exposure to the harmful element at all costs (regardless of how expensive they may be).

Originally posted at InjuryBoard by Megan Roth

Increased Susceptibility to Cadmium - are you responsible?

Megan Roth — Sun, 04 May 2008 00:00:15 GMT

Certain hobbies and habits actually increase your susceptibility to the toxin. As if the nicotine and tar weren't enough, add cadmium to the mix of tobacco's harmful ingredients.

In our previous posts, we've identified several causes and effects of Cadmium (aka the secret, silent killer). However, we've failed to deliver a run-through of how you, yourself, are increasing your own susceptibility...until now.

You know that old expression: "What you don't know won't hurt you"? Don't buy it. In some situations, what you don't know just might kill you, and if it doesn't, it'll make you awfully sick.

Take cadmium, for example. We already know that certain occupations increase exposure to the drug. But did you know that certain hobbies and habits actually increase your susceptibility to the toxin.

Painting, ceramics, and jewelry are all ways to demonstrate creative flex; but, while creating their masterpieces, the artsy folk may actually be harming nature's masterpieces - their bodies. All of these activities involve art supplies containing heavy metals; though the processes of each differ, exposure to those heavy metals in essentially one and the same.

Or how about smoking? As if the nicotine and tar weren't enough, add cadmium to the mix of tobacco's harmful ingredients. And the worst part about this is, inhaling the cadmium-containing toxin is more damaging than ingesting it (like we do when we consume crabmeat...oops - did we forget to mention that certain seafood's contain alarming high levels of cadmium?

That's not to say you can't get all greasy consuming butter-drenched chunks of lobster; however, we recommend combating potential adverse effects of such grub by maintaining a well-balanced diet. Research shows that consuming foods rich with iron, zinc, and calcium works to limit the amount of cadmium retained within your body. While it doesn't necessarily rid your body of the mineral, it does decrease your risk of absorbing the mineral; thus, lessening its adverse effects.

So, go ahead and cuddle up with a steaming bowl of clam chowder; just make sure you're settled up with the other food groups, too.

Originally posted at InjuryBoard by Megan Roth

The High Cost of Cheap Batteries

Megan Roth — Sat, 03 May 2008 00:00:15 GMT

While we're doing our best to keep our wallets thick, we're contributing to the health deterioration of any factory worker or distributor. Though the negative effects of cadmium batteries are well-known and well-publicized, we buy them because of their cheap cost and quick surge of power.

Alright, we've all heard of the infamous documentary: The High Cost of Low Prices. The film provides an overview of the negative aspects and consequences Wal-Mart's cheap goods have on both employees and manufacturers and prompts consumers not to shop at the superstore. While it presents an overview of the negative effects cheap goods have on employee lifestyles, it fails to adequately educate consumers of the effects those low prices have on factory workers' health.

It's well-known that our economy is struggling and that it's necessary for consumers to squeeze every penny for what it's worth; thus, it comes as no surprise that generic brands and cheaper alternatives are popping up at every corner at lesser costs than name-brands. But are these alternatives really beneficial? While it's great that they cost less, we can't help but take note of the effects these not-so-great products have on the rest of society.

One example of a seemingly beneficial but realistically harmful alternative is cadmium batteries, which have been known to save consumers approximately $1.50 a pack. But while we're doing our best to keep our wallets thick, we're contributing to the health deterioration of each and every factory worker involved in the construction of such products.

Take, for example, Ms. Wang Fengping. Sound familiar? Probably not. Until this past January, Ms. Wang was just another factory worker in China. However, after the WallStreet Journal wrote an article on her deteriorating health and its correlation with cadmium poisoning, she became a representative of the adverse effects cadmium batteries have on human health. And Ms. Wang isn't alone.

Many workers are employed by similar corporations' factories in Singapore, Thailand, and other third-world countries where the options for making a living are relatively few and far between; thus, they can't leave their factory job in search of a better opportunity because there is no other opportunity - at least not there.

Remember ten years ago when Nike was publicly scorned for its dangerous working conditions within its factories? We didn't accept it then, so why is it accepted now?

Though the negative effects of cadmium batteries are well-known and well-publicized, we buy them because of their cheap cost and quick surge of power. True to the American way, we continue to purchase low-cost products simply they're cheaper; but is what we save monetarily really worth the cost such products have on human health?

Originally posted at InjuryBoard by Megan Roth