April 8th, 2009

Sham Medical Exams for Litigation (A Round-Up)

Last week the New York Times ran a huge piece on phony medical exams that were used to deny injured people benefits in Workers Compensation exams. (Exams of Injured Workers Fuel Mutual Mistrust) I didn’t blog it then as I was starting a trial in New York, a trial made more difficult due to the Astor trial starting the same day and sucking all the jurors out of the system since it was in the same courthouse.

But this was the lede from the Times:

Dr. Hershel Samuels, an orthopedic surgeon, put his hand on the worker’s back. “Mild spasm bilaterally,” he said softly. He pressed his fingers gingerly against the side of the man’s neck. “The left cervical is tender,” he said, “even to light palpation.”

The worker, a driver for a plumbing company, told the doctor he had fallen, banging up his back, shoulder and ribs. He was seeking expanded workers’ compensation benefits because he no longer felt he could do his job.

Dr. Samuels, an independent medical examiner in the state workers’ compensation system, seemed to agree. As he moved about a scuffed Brooklyn office last April, he called out test results indicative of an injured man. His words were captured on videotape.

Yet the report Dr. Samuels later submitted to the New York State Workers’ Compensation Board cleared the driver for work and told a far different story: no back spasms, no tender neck. In fact, no recent injury at all.

“If you did a truly pure report,” he said later in an interview, “you’d be out on your ears and the insurers wouldn’t pay for it. You have to give them what they want, or you’re in Florida. That’s the game, baby.”

Dr. Edward Toriello feels that workers’ doctors are often biased. “I think it’s human nature to help your patient. I think a lot of doctors say: ‘I don’t need the aggravation. It doesn’t hurt to keep him out of work.'”

The Times also has a related article from March 31st: For Injured Workers, a Costly Legal Swamp.

The problem of so-called “Independent” medical exams, or IMEs, that are dismissive of the injuries suffered by their fellow human are, of course, not limited to Workers’ Comp cases. They show up routinely in personal injury cases, especially auto cases where insurance companies and their attorney seek a report claiming that there is no “serious injury” (See: New York’s No-Fault Law Problem With “Serious Injuries”) and that therefore the case should be dismissed. The plaintiff’s bar calls these “defense medical exams,” since they are anything but independent.

These sham medical exams have also been the subject of litigation, including RICO suits. My posts on that subject has generated a tremendous amount of page views and commentary, some of which is from those involved in the exams and/or litigation:

The article and subject matter has also been the subject of commentary in the blogosphere:

 

April 6th, 2009

Paine to Pain 1/2 Marathon Trail Race: The Longest Trail Race Within 50M of NYC

I’m off-topic today to let those who run (or who have friends who do) know about a race that I organize called the Paine to Pain 1/2 Marathon Trail Race. It’s the longest trail race within 50 miles of NYC, so if you (or a friend) likes running, and rocks and roots and other gnarly stuff, this is as good as it gets in the New York metropolitan area. It starts at the Thomas Paine Cottage in New Rochelle.

Registration for the race, which will be run October 4th, just opened. This is our second year.

I organized the race after six years of working with local officials to get the Colonial Greenway in Westchester County built. This is an extensive trail system that includes New Rochelle, Mamaroneck, Scarsdale and Eastchester.

This is the race description:

The Paine to Pain is a giant single loop that winds its way through the woods and trails of several lower Westchester parks. You never run the same trail twice and will spend 90% of your time on dirt (and rocks and roots) in the shade of the woods. Many of the trails are completely hidden from public view and host a wide variety of wildlife including deer, fox, coyote, hawks, owls, heron, wild turkey, rabbit and other critters.

If you want to run it you can sign up at the Paine To Pain website. And if you want to volunteer, you can contact me.

 

April 3rd, 2009

Linkworthy


Scott Kreppein with some useful New York legal links;

Vin Bonventure with the voting records and analysis of New York Court of Appeals Judges Robert Smith and Eugene Piggott as swing votes;

Andrew Barovick reports on three medical malpractice cases out of New York’s appellate courts, dealing with wrongful life, dental/cancer malpractice, and a re-enactment request during a deposition;

Marc Randazza on New York’s poll pole tax on exotic dancers, and he finds a lot of tax-free singles; He also sees Dallas Mavericks’ owner Mark Cuban seeking free legal advice from the blogosphere on whether Twitter posts are copyrightable;

Barry Barnett on New York’s Court of Appeals enforcing a contingent fee split between attorneys;

Scott Greenfield reads a NY Post article about a granny that shoots a “thug” with her .358 magnum, (via Overlawyered), then he destroys the Post on the subject;

George Wallace gives us Blawg Review #205 at Declarations and Exclusions this week in a musically celestial version, which he then followed with his annual April Fool’s Blawg Review Appendix at A Fool in the Forest. Lord, what fools these mortals be;

Passover is coming. And yes, there is a Facebook edition to the Hagadah:

(Moses has written a note on Pharaoh’s Wall: Let my people go! See Wall to Wall )

And, in case you still have nightmares of the sickly sweet Manischewitz Extra Heavy Malaga that you grew up with…Kosher for Passover Tequila! As Bart Simpson would say, Ay Caramba!

 

April 1st, 2009

This Blog For Sale

OK, I’ve had it. As I mentioned briefly last month, writing this blog over the last two and a half years has simply been too much work. And if its work, it isn’t fun. I’ve hit the wall. I can Twitter much easier, since I’m limited to only 140 characters anyway.

So rather than let the blog die a slow death, after putting so much effort into it, I’m going to sell it while I still have a readership. Any new blogger that comes in can easily replace me, and with a bit of savvy, do it in a more efficient manner and with only a modicum of decent writing. (Potential buyers can see some of my more popular posts here.)

I’m auctioning it on eBay, and starting the bidding at $1,000,000. Yes, I know some folks will think that is high, but let me explain a bit. If the new owner decides to monetize this blog by using it in an advertorial manner, then s/he only has to get a couple of decent cases to make the investment pay off. If done right, it could pay for itself in as little as a year or so. I therefore believe the actual sale price could be significantly higher.

How to monetize this blog to make it pay? That’s easy, as I’ve been reading search engine optimization sites recently and those SEO sites are loaded with good tips. I’ve also canvassed a few other personal injury blogs and picked up some pointers there. Here are some suggestions on how to improve this site to make the investment more than worthwhile:

  1. Use a lot of keywords in the subject heading. Google loves keywords. Sticking keywords someplace at the start of every new post, like this, is great for Google. I generally suck at this part, as you can see if you look back in my archives. It’s easy to make this blog better with that tip alone.
  2. Load the actual post with lots of keywords. Similar to the first one, and a technique I should have used in the past. I look back on some old posts and am stunned to see posts that have few, if any, of the keywords necessary to make the blog jump to the top of Google rankings. When people looking for a personal injury attorney see the same phrase repeated over and over and over they will know they have struck gold.
  3. Cover all the local accidents as soon as you can. Want to know a secret about people in accidents? They often Google themselves to see if the accident was in the local papers. If you cover the accident on this blog, victims will likely find you and hopefully hire you. If you simply cut and past stories from local papers you are almost guaranteed to have an instant client base. And if you do it with style, you can look classy, too. Especially if you use the name of the victim (and this is another fine example) in the subject heading. Just make sure to put a reminder at the end of every post, “If you or a loved one have been injured, call us at this number…”
  4. Outsource the actual writing. This is an easy way to create good content with little effort. Students, interns, paralegals and others can easily scoop up stories from the web to post under your name, or hire this guy. The cost is minimal, and in fact, can be lowered still more if it is simply outsourced to India. The blunt reality is this: No one will know. You can still practice law, see your family, watch TV and have time left over for eating and sleeping. Unlike me.
  5. It’s a great place to talk about yourself. By continually recounting various cases, clients and appearances from your past, you’ll be able to strut your victories for other lawyers and potential clients to see. And since it is your forum, no one can stop you.
  6. Link frequently to your website. This is another technique I’ve been lax about, but a new owner can really optimize here. Remember that Google loves inbound links. So when you use keywords in a post, which should be often, you also use them as anchor text for a link back to your web site, like this. Google sees these repeated links and the website skyrockets to the top of search listings. It’s easy. Just four links per post, and just five posts per week gives you 1,000 inbound links per year!
  7. Get added to link farms. Since my blog has had high visibility, I get a lot of email about linking opportunities. I’ve never taken full advantage of that as you can see by my limited blogroll, which is obviously a mistake. But since Google loves those inbound links you can improve your SEO exponentially in mere weeks.
  8. Attorney search company opportunities. Once again, due to having a high profile blog, I get a ton of opportunities that come in via email and phone, with various attorney search companies offering me exclusive rights on their service to personal injury leads in my geographic area. They are calling me ahead of others because of this blog. And only the best ones contact me. I know this because they tell me so.
  9. Run Google Ads on the blog. It’s no secret that many people look for lawyers on the web. Why waste valuable real estate with content when the whole idea of blogging is to make money? Lots of Google ads equals lots of money.
  10. Edit out the names and links I’ve provided to others in my area. It was probably a mistake for me to mention or link to others in my geographical area, as I could lose a potential client to them. The beauty of a blog is that you can go back and edit old posts. With a few minutes work, those names and links can be vaporized.

That’s it, I’m exhausted. My wife will finally get a husband back and my kids will see their dad once this blog is disposed of. And I’ll actually get a chance, perhaps, to play with the dog and go running again. I’ve simply run out of words for this forum. It’s time to hang up my keyboard, except for the bits I can put up on my Twitter account.

So this is really a spectacular opportunity for someone who wants more cases and can use an established web presence for their benefit. Of course, if you have all the business you can handle then don’t bother. Not everyone wants more cases.

 

March 31st, 2009

How One Hospital Covered Up A Death — And One Doctor Refused to Go Along

This is an absolutely stunning story. A mother dies during childbirth and an investigation ensues.

But one doctor refuses to go along with the party line, which is to cover everything up.

“They killed my patient. Then they tried to hide it.” (Dr. Amy Teuter @ The Skeptical OB)

Related: