A recent report by the Joint Commission, which accredits health care organizations in the U.S., lists a large number of hospitals – 620 – that are considered top-performing hospitals. This is a 53 percent increase from 2011; a promising number except for one fact: none of these hospitals are in Connecticut.

The Improving America’s Hospitals report reviewed the performance of 3,300 hospitals accredited by the Joint Commission based on 45 accountability measures. Those measures tested “evidence based care processes closely linked to positive patient outcomes.”

Does this mean that Connecticut is falling behind on patient safety? Perhaps.

The Joint Commission report followed closely on the heels of another report that stated that 23/31 of Connecticut hospitals were at risk of forfeiting Medicare funds because of their high re-admittance rates. Earlier this year, 12 Connecticut hospitals received a “C” ranking in safety in a study released by the patient advocacy group Leapfrog Group. Only four of Connecticut’s hospitals received an “A”

How the grades can impact you

The quality of care you receive at a hospital depends on a number of factors, including the experience of the nurses, doctors and surgeons, the number of procedures and patients each medical professional supports daily, and hospital protocols and procedures.

It should not be surprising that each of these factors correlate to medical malpractice. A hospital whose procedures fall far short when compared to those of hospitals around the country is at risk of having many more medical errors, such as surgical errors, medication errors, misdiagnosis, etc.

If you or your loved one was the victim of a medical error, you may be able to bring a medical malpractice claim against the hospital and medical providers who caused your injury. In order to prove medical malpractice, you must show that the actions or inactions of the medical professional / hospital put you in a worse position than you would have been in had the negligence not occurred.

Source: Infection Control Today, “Joint Commission Annual report Names 620 Hospitals as Top Performers on Key Quality Measures,” 2012.

Learn more about lawsuits for medical mistakes by visiting our pages on medical malpractice.



Residents of Fairfield County might be aware of the dangers of distracted driving. Yet, simply because of our humanity, we often think that we are above the curve and it’s everyone else who shouldn’t text while driving. We will even use our cell phones while driving in front of our kids, only to tell them when they are going through driver’s education, “don’t do that.”

Unfortunately, like in so many other areas, parents’ actions speak louder than their words; parents’ driving habits have a primary influence on the teens’ driving skills. Therefore, when driving with teens as passengers, parents must be careful not to set a bad example, which may later be followed by their teenage children.

A recent countrywide survey conducted by Liberty Mutual Insurance and Students Against Destructive Decisions reveals that teens are very inclined to repeat their parents’ poor driving habits. Around 66 percent of teens believe that, as far as driving skills and awareness are concerned, parents do not set a good example for them and make risky decisions when driving. Common mistakes made by parents while driving with their teens include speeding, texting, driving without a fastened seatbelt and driving under the influence.

Even small and occasional mistakes committed unintentionally by parents when behind the wheel may be perceived differently by teens. For example, even reading a text at a stoplight could signal to a teen that it is fine to text and drive all of the time.

Teens are inexperienced drivers, and the safety of other drivers are at risk if parents’ poor driving habits inculcate teens. Parents should understand that the unsafe driving habits of their teens could prove to be dangerous not only for other motorists, but also for the teens themselves.

Parents should exhibit good driving behavior from the start so these new drivers can become safe and rule-abiding drivers, resulting in good role models for future generations. Even apart from setting a good example for children, parents should follow the rules of the road to ensure the safety of themselves and others.

If you were injured by a distracted driver, whether that driver was a teenager or a parent, you may be entitled to compensation for your medical bills, property damage, loss of income, pain and suffering, and other damages. Learn more about car accident lawsuits by visiting our car accident page.

Source: Claims Journal, “Teens mirror parents’ distracted driving habits: Survey,” Sept. 20, 2012.

How much does a Connecticut divorce cost? Or better – how much should it cost?

Let’s start by looking at a recent divorce case that went awry.

It was a divorce case of full of greed. Not unusual. But allegedly, the greedy parties in this case were not the divorcing spouses themselves but rather the attorneys who represented them.

The story goes something like this:

The Husband had a fortune estimated at nearly $100 million. The two divorce attorneys churned their files big time. Legal fees were over $7 million. That’s egregious. Unfortunately, that’s not the end of the saga. It gets worse.

On the first day of trial, the Husband’s attorney moved for a mistrial. Mistrial granted. And supposedly, the mistrial was planned between the two lawyers so they could continue to rack up legal fees!

I find it hard to believe that two lawyers could have cooked up a scheme like this. Still, there must be something to it. The divorce lawyers have been sued for conspiracy.

To be clear this story does NOT involve Connecticut lawyers. Thankfully. However, it does provide an example of how things can go really wrong if you are not mindful about your legal fees.

I know of hotly contested divorce cases in Connecticut where the legal fees are in the hundreds of thousand dollars.

But I question whether a client actually gets a better result by paying an attorney that type of money.

For example, billing countless hours to review bank statements, read tax returns and look over credit card charges is shameful.

Equally bad is litigating motion after motion with very little corresponding benefit to the client. I have certain reservations about lawyers who are always on trial. Are they that busy or that unreasonable?

Retaining a lawyer is an investment. And in all but the rarest of cases, paying hundreds of thousands of dollars for a divorce seems to be a poor return on an investment.

Let’s take a long-term marriage. Assuming there is no prenup or post nup, guess what the judge will do in virtually all of those cases?

Answer: equalize income and assets.

What will the lawyer who is charging hundreds of thousand of dollars do to change that? Claim that the spouses are, in fact, not married? Argue that the date of the marriage is incorrect? Allege that certain assets actually don’t exist? Quarrel about appraised values? Dispute verifiable income?

Seriously.

Need proof? After spending $7 million in the first round in their divorce guess how much the couple in the “scam” case spent in the second round?

$80,000! That’s right – just $80,000.

The result? Practically an equal split of the assets.

What a difference it makes when spouses retain attorneys who are more focused on settlement than legal fees.

The article about the purported divorce swindle appears below. Have a read. Decide for yourself whether it was a fleecing.

D Magazine : The $100 Million Botched Divorce

Well – it’s almost official. It appears that Parental Alienation Syndrome (PAS) will not be included in the revised version of the DSM which is due to be published in 2013.

The rationale behind the exclusion seems to be that that PAS is a relationship problem rather than a mental health disorder.

Parental Alienation Not A Mental Disorder, American Psychiatric Association Says

Well – ask those of us in the Family Court or Juvenile Court. When we see PAS the offending parent almost always has an underlying mental health issue(s). So while PAS itself might not neatly be defined as a mental health disorder the cause often stems from untreated psychiatric illness.

Anyway – whether PAS is included in the DSM V or not the “symptoms” of PAS will still be extremely important in a Connecticut custody or visitation case. The best interest statute which governs custody and visitation in Connecticut does not mention the term PAS but certainly speaks of the “symptoms.” For example, the willingness and ability of a parent to facilitate and encourage a continuing parent-child relationship as well as any manipulative or coercive behavior by a parent are both listed as factors in the best interest statute.

While not called PAS, these examples in our best interest statute certainly smell of PAS.

So call it a mental health disorder. Or don’t. But, if a parent alienates you can expect the parenting plan to reflect the reality of their behavior.

Collaborative divorce is becoming an increasingly popular choice for divorcing spouses in Connecticut.

So what is collaborative divorce?

The hallmark of collaborative divorce is the commitment to resolve the divorce without court intervention, adversarial techniques or litigation.

Other important aspects of the process include the full disclosure of all information necessary to settle the issues in dispute and the promise to engage in “good faith” discussions surrounding each spouse’s individual interests and the overall concerns of the family, including the children.

Here is a recent article from the Hartford Courant:

Divorce, Collaborative Style – Hartford Courant

While there are certain advantages to the collaborative model (i.e. cost, active participation, privacy) the approach does not work for all divorcing couples. For example, if one spouse does not want to divorce, is unwilling to compromise on the important issues, does not wish to be transparent with requested information or there are issues of domestic violence then collaborative divorce is not an option.

Please contact me to discuss collaborative divorce in Connecticut.

 

On Saturday, a motorcycle collided with a truck on Merritt Parkway in Fairfield, killing the motorcyclist. According to State police, the 2001 Honda FLSTF skidded into the back of a construction truck around midnight.

State police are investigating the fatal motorcycle accident to determine the cause.

Around the country, more motorcyclists are hitting the road each day. The rise in gas prices coupled with energy efficiency and warmer temperatures has more people choosing to ride motorcycles over gas-guzzling cars. It is not surprising, then, that the number of motorcycle accidents is also rising.

According to the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA), 4,502 motorcyclists were killed in 2010, compared with 4,469 in 2009. In fact, motorcycle-deaths have increased nearly 55 percent in the last ten years.

These numbers are frustrating, given that many of these fatal motorcycle accidents were preventable. Take, for example, that helmets prevent 37 percent of motorcycle fatalities yet a large number of motorcyclists still choose to ride without helmets. Furthermore, 40 percent of all motorcycle fatalities in Connecticut are alcohol-related.

Of course, it is not only motorcyclists at fault. Other drivers’ failure to watch out for motorcyclists lead to many motorcycle-and-car accidents every year. It is up to everyone, not just the motorcyclists, to ensure that bikers are safe on the road.

If you were injured or a family member was killed in a Connecticut motorcycle crash, you may be able to recover compensation for your pain and suffering, medical bills, funeral expenses, loss of income and more. No amount of compensation can bring your loved one back or take away your traumatic experience, but it can help you on the road to recovery.

Source: Connecticut Post, “Orange motorcyclist killed in Fairfield crash,” Michael P. Mayko, Sept. 22, 2012.

 

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