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I recently read about a Finish study published in the New England Journal of Medicine suggesting that one of the most common types of knee surgery (a meniscectomy) is worthless. The meniscus (see photo), by the way, is the cartilage of the knee located on either side of what is popularly known as the “knee cap” (patella). It acts as a shock absorber.

The removal of (either part of or the entire) meniscus, known as a “meniscectomy”, is a simple operation: Small incisions are made for inserting the arthroscope (a small surgical camera) inside the knee. A tool called a “shaver”, guided by the surgeon, then trims torn meniscus and smooths the edges.

In the study, 146 patients with torn menisci were divided into two groups, one to receive real meniscectomies, and the other to receive a “fake surgery”, in which blade-less shavers were rubbed against the outside of the knee cap to simulate the sensation of having an actual meniscectomy.

Hospital care in this country is sick. Sadly, old-fashioned medical “care” is giving way to the “big business” model. Nothing new about that. Profits are being exalted over patient care. Again, nothing new. But the news about Health Management Associates, a for-profit hospital chain based in Naples, Fla., is simply over the top.

The New York Times reports that, in order to entice their ER docs to drum up more profits, the hospital chain carefully tracked each physician’s ratio of admitting, versus not admitting, ER visitors for overnight stays. Worse, each physician had a visible-to-others color-coded “score card”: green (good grade), yellow (watch out!) or red (failing grade). “Green” docs were given bonuses while the reds’ jobs were on the line.

The goal? To inflate the company’s payments from Medicare and Medicaid by admitting patients who really don’t need to be admitted to a hospital, like — and this really happened — an infant whose temperature was a normal 98.7 degrees for a “fever”.

I came across a Stanford law professor’s study on the effect of “settlement mill” type personal injury law firms on personal injury case settlement results. If you’re searching for a New York personal injury lawyer, it’s worth a read! But since you probably won’t read it (it is 63 pages long!) let me summarize it for you.

Before I go any further, I’d better explain what we mean by “settlement mill”.

In the words of the law professor who did the study, a “settlement mill” is a “high-volume personal injury law firm that aggressively advertises and mass produces the resolution of claims, typically with little client interaction and without initiating lawsuits, much less taking claims to trial”.

Lawyer ads! Godda luv’m: I’ve blogged about lawyer advertising before. It is an unfortunate necessity, at least for New York personal injury lawyers. We do very little of it compared to the “big advertisers” in Central New York, and we try to do it in a dignified, serious manner. You have to enjoy the humor, though, of those that take the opposite approach. So enjoy these lawyer ads, and don’t miss the rappin’ lawyer at the end:

Keep safe!

CNBC reports that those sci-fi-like, self-driven cars (“SDC’s”), also called “automated cars”, will account for half of all vehicles on the road by the year 2035, with the first ones hitting the market by 2020. (You can see one operated here). The first generation of these vehicles will require someone in the driver’s seat just in case the technology develops a problem–much like an aircraft autopilot. Truly independent SDCs requiring no human involvement will begin to be offered by 2030. (I blogged about these new cars here).

But CNBC also reports that Nissan Motor, one of the leaders of the new technology, cautioned that “because of the litigious nature of the American market, manufacturers might have to steer clear of the U.S. unless legislators take steps to protect the industry from a flood of frivolous lawsuits”.

Forgive my skepticism, Nissan, but that is pure baloney. First, why would you fear “frivolous” lawsuits? If the lawsuits are frivolous, you will beat them and they will cost you almost nothing. What you are really afraid of are meritorious lawsuits, ones that will hold you accountable for the death and destruction your negligent design may cause.

I recently read an interesting online article entitled “Patient Harm: When An Attorney Won’t Take Your Case”. The article describes the sad truth that most legitimate medical malpractice victims will never find a lawyer to represent them because their injuries are too “insignificant” to be “litigation worthy”.

You see, medical malpractice cases are extremely expensive to bring because (1) the doctors and their insurance companies will generally fight you all the way to trial and won’t settle; (2) to prove your case, you need to hire at least one, and usually more, expensive expert physicians who will testify that the defendant doctor committed medical malpractice and who will describe the injuries he caused you.

Because medical malpractice cases are so expensive (the costs, not including attorney’s fees, are generally at least $50,000 and usually closer to $100,000), the amount of compensation a jury is likely to give you for the injury has to be worth at least $250,000 to make it worth the lawyer’s time, and worth the risk he is taking of going to trial and losing.

Why is New Year’s Eve so damn dangerous? Drunk driving is, of course, the biggest killer tonight. But drunk walking is a close second. Did you know that more people die while walking down the street tonight than any other night of the year? The dangers of dunk driving and drunk walking are easy to avoid; just stay home and celebrate with friends and champagne, right?

Yes, but even if you stay home there is one New Year’s Eve danger you need to avoid tonight. Cork popping. No, not popcorn popping, cork popping. Champagne, a big New Year’s favorite, incorrectly popped, causes serious blinding injuries each year. The pressure in those bubbly bottles can reach 90 pounds per square inch – more than most car tires. The cork can travel at a bullet-like 50 miles per hour as it leaves the bottle, fast enough to rupture eyeballs, detach retinas and take out your eye, or the eye of a fellow reveler. Spending New Year’s Eve on an ophthalmologist’s surgery table is not a good way to bring in the New Year. And guess what — it happens every year. Just ask your local emergency room doc.

But thankfully there’s a surefire (no pun intended) way to slow down the cork’s pace — and thus make it a lot safer. Make sure your champagne bottles are well chilled. A warm bottle’s cork explodes much sooner and with greater force than a cold bottle’s. And here’s some other safety tips for uncorking the bubbly:

As Syracuse Crunch fans all know by now, Michaels Bersani Kalabanka, your Central New York Injury Law Firm, is honoring “Everyday Heroes” at all Syracuse Crunch home hockey games this winter. “Everyday Heroes” are local community volunteers who have given their time and talents to a local charitable organization. In front of the whole Crunch crowd, we regal them, and their family and friends, with free game tickets, food, drink, etc.

Let me introduce you to Michaels Bersani Kalabanka’s latest “Everyday Hero”, eleven year-old Christopher Rawlins. Chris was born with Cerebral Palsy. He attends Reynolds Elementary School where he is an excellent student, plays the tuba and soccer, and participates in school plays. Chris has also participated in the Special Olympics and is a Jr Elk at the American Legion in Baldwinsville.

Nothing holds this kid back! He has a fantastic attitude, an infectious smile, and likes to keep friends and family entertained with knock-knock jokes. He is a huge Dallas Cowboys fan and can rattle off statistics on games and players.

“How Much Is My Case Worth”?

I have heard this question thousands of times. And there is no easy answer. That’s because so many factors affect the “value” of a case. What do we mean by “value” anyway?

The settlement value of a case is based on a prediction of whether a jury will find you have a valid case, and if so, what the jury will award you for your injury. Since juries vary widely, and it is impossible to predict what any particular jury will do, we consider what an average jury would do.

Do you think you might be a safer driver if your traffic convictions and accidents were posted on line and easily searchable so that all your neighbors and friends could look your record up?

If your answer to that question is “yes”, then you’ll like a new rule by the Safety and Health Administration (“OSHA”) which makes companies’ safety records easily available on a government website.

Why this new rule? The shame factor. OSHA’s thinking is that if companies with a bad safety record know their record will not remain hidden is some dusty notebook in a government basement, but rather see the light of day on the world-wide web, they might think twice about cutting safety corners. In addition, prospective employees will be able to compare, when deciding which job to accept, not only the wages of the employers but also their safety records. As a side benefit, personal injury lawyers like me can build negligence cases against repeat offenders with greater ease.

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