In 2008, an 11 year old student was dropped off at his usual bus stop along a busy road. As required by the nature of the bus stop, he had to walk with his back to traffic to get to his driveway. There was no sidewalk. Shortly after exiting the school bus, a drunk...
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Heather Menezes
Hospitals cannot charge self-pay patients more than they charge insurance companies
Hospitals who bill insurance companies for care rendered to a patient often accept from the insurance company an amount that is significantly less than the billed amount. A person without insurance then may have to pay more for the same care as that...
$1.5 Million jury verdict to family of deceased 36 year old despite the finding of a medical malpractice screening panel
On June 7, 2013, a Hillsborough County jury found that the defendants, a cardiologist and a cardiology group, were negligent when they failed to timely diagnose and treat coronary artery disease. Bill Landry Jr. passed out several times between April and September of...
The United States Supreme Court finds that equitable remedies may apply to an ERISA plan
James McCutchen was in a motor vehicle accident and incurred $66,866 in medical bills. These bills were paid for by U.S. Airways’ self-funded ERISA plan. McCutchen hired an attorney and settled his claims for the maximum available insurance of $110,000. After paying...
Settlement Following Death of a Two-Month Old Infant Due to a Delayed Diagnosis of Bacterial Meningitis
Our office recently settled a case involving the death of a two-month old infant following a delayed diagnosis of bacterial meningitis. The infant presented to the hospital with signs of a serious bacterial infection, including high fever, grunting, poor feeding,...
Is it all in your head?
Brain injuries can result from a fall, assault, or a motor vehicle accident. Symptoms of a concussion, sometimes called a mild traumatic brain injury, can sometimes last weeks and years after the initial injury. Symptoms of a concussion include headaches, dizziness,...
You probably have uninsured motorist coverage and don’t know it
Do you have uninsured motorist coverage? If you have liability coverage for your vehicle, then you do. New Hampshire law requires that all automobile policies include uninsured motorist coverage in the same amount as liability coverage. See RSA 264:15. The reason...
First Circuit Orders New Trial After $14 Million Jury Verdict
The First Circuit Court of Appeals recently remanded a civil rights case for a third trial after the jury awarded the plaintiff $14 million in damages. Shawn Drumgold was tried and convicted of murder in 1989. After serving 14 years of his life sentence, he moved for...
Early Offer Law is Unfair to Injured Patients
The early offer law became effective in our state on January 1, 2013. This law, which was passed over Governor Lynch’s veto, permits medical providers to make early settlement offers to patients injured by medical negligence that excludes damages that are allowed...
Medical Payments Insurance Coverage
Medical Payments Coverage or “Med-pay” is required by New Hampshire law to be included as part of every car insurance policy. Med-pay is a no-fault coverage that gives you money for medical expenses if you are injured in an accident. This benefit is separate from...