[see, "Prominent Priest Blames Sex Victims, Says First-Time Abusers Shouldn't Face Jail", www.christiancentury.org/article/2012-08/priminent-priest-blames; "Priest Blames 12 Year Old For Sex Abuse", www.vaticancrimes.us/2010/08/priest-blames 12-year-old for sex abuse; "Catholic Priest Blames Sexual Assault Victims For 'Seducing' Priests, lezgetreal.com/08-31-2012; "Prominent Priest, Rev. Benedict Groeschel, Blames Sex Victims, Says First-Time Abusers Shouldn't Face Jail," www.religionnews.com/faith/leaders-and-institutions/August 30, 2012; "Prominent Priest Blames Sex Victims, Says First-Time Abusers Shouldn't Face Jail", DFWCatholic.org, www.dfwcatholic.org/prominent-priest-blames-sex-victims/Friday, August 31, 2012; "NY Priest Apoligizes for saying child is often seducer in sex abuse cases", NBC News Wire Services/usnews.nbcnews.com/news/2012-08-31/ny-priest-apologizes]
What do you think? Keep the conversation going.
The Right Reverend Benedict Groeschel, a prominent author and speaker who is particularly popular with conservative Catholics and bishops of the Catholic Church has spoken from "on high":
Priests who sexually abuse, molest and assault children "on their first offense" should not go to jail!
Oops!
In other words, a pedophile priest should be given a pass. he should not go to jail but, we assume, he should be given $200 (in "Monopoly" game vernacular).
Further, adds the wise and magnanimous Groeschel --- piling up on his previously-demonstrated poor judgment and insensitivity --- "in a lot of cases the child is the seducer." Oops, again!
And, the New York-based Franciscan fool, I mean priest, continued on to express sympathy for another of his fellow pedophiles, Jerry Sandusky, the former Penn State assistant football coach who ruined so many children's lives; and who was convicted in June 2012 of 45 counts of brutal child sexual abuse in a scandal that has essentially ruined Penn State for the near future.
Hmmmm! Who's in your closet, Right Reverend Priest Benedict Groeschel?
Friday, August 31, 2012
MARYLAND LOTTERY MONEY:
The Secret Science of Winning Lotteries, Sweepstakes and Contests: Laws, Strategies, Formulas and Statistics [Paperback]
Charles Ware (Author)
Book Description
Publication Date: July 26, 2012
There is a science of winning lotteries, sweepstakes and contests! When it comes to lotteries, sweepstakes and contests, there are ways to improve your odds or probability of winning. They are discussed in this book, with a lot of detail and some humor. Blind reliance on luck or chance is not necessary to win lotteries, sweepstakes and contests. The "4Ps" of persistence, preparation, poise and a positive mental attitude are necessary to win on a consistent or regular basis. Therefore, just about anyone is capable of winning. Charles Jerome Ware is a noted author and attorney, microeconomist, lotterician, sweepstaker and contester. He is a principal in the national law firm of Charles Jerome Ware, Attorneys and Counselors. Dr. Ware is a highly successful and life-long sweepstaker and contester. He is also a successful lotterician who, for several years, has investigated, monitored and researched lotteries throughout the United States and several foreign countries. Dr. Ware is the recipient of numerous awards for his accomplishments in law and other areas. He lives in Columbia, Maryland.
Product Details
- Paperback: 166 pages
- Publisher: Outskirts Press (July 26, 2012)
- Language: English
- ISBN-10: 1432793888
- ISBN-13: 978-1432793883
Available: Amazon; all major bookstores, etc.
JAMES JAGER, ACTOR: "Shakespeare and the Law"
"The first thing we do, let's kill all the lawyers" - Shakespeare, HENRY VI, part 2.
James Jager is a Shakespearean actor and teacher of acting and drama. He is also a consultant with the national general law practice firm of Charles Jerome Ware, P.A.: "Still working. Still committed. Still here to make a difference."
The abovereferenced quote from Shakespeare has been misinterpreted by most people who know of it. In truth, this comedic quote from Shakespeare's HENRY VI play was a compliment to lawyers by the great playwright himself.
Shakespeare believed that lawyers were important in preventing anarchy among the people. He believed that lawyers had an important role in society. He admired and respected the legal profession.
In his plays and other writings, Shakespeare mentions the law more than any other profession.
Although it is assumed by many that Shakespeare did not formally study law, it is clear from the many references in his works that the playwright possessed a significant general knowledge of legal terminology.
The legal jargon in Hamlet's speech in Act 5 is particularly impressive. Further, one play in particular, "Measure for Measure", contains the bulk of Shakespeare's writings on the law.
Keep the conversation going.
[www.shakespeare-online.com/quotes/shakespeare-law; www.shakespearefellowship.org/virtualclassroomlaw; www.shakespearelaw.org/"Shakespeare and the Law"; www.apieceofmonologue.com/2011/05/"Shakespeare, Justice and Modern Law"; onpoint.wbur.org/2011/04/15/"Shakespeare On American Law"].
James Jager is a Shakespearean actor and teacher of acting and drama. He is also a consultant with the national general law practice firm of Charles Jerome Ware, P.A.: "Still working. Still committed. Still here to make a difference."
The abovereferenced quote from Shakespeare has been misinterpreted by most people who know of it. In truth, this comedic quote from Shakespeare's HENRY VI play was a compliment to lawyers by the great playwright himself.
Shakespeare believed that lawyers were important in preventing anarchy among the people. He believed that lawyers had an important role in society. He admired and respected the legal profession.
In his plays and other writings, Shakespeare mentions the law more than any other profession.
Although it is assumed by many that Shakespeare did not formally study law, it is clear from the many references in his works that the playwright possessed a significant general knowledge of legal terminology.
The legal jargon in Hamlet's speech in Act 5 is particularly impressive. Further, one play in particular, "Measure for Measure", contains the bulk of Shakespeare's writings on the law.
Keep the conversation going.
[www.shakespeare-online.com/quotes/shakespeare-law; www.shakespearefellowship.org/virtualclassroomlaw; www.shakespearelaw.org/"Shakespeare and the Law"; www.apieceofmonologue.com/2011/05/"Shakespeare, Justice and Modern Law"; onpoint.wbur.org/2011/04/15/"Shakespeare On American Law"].
SHAVINA KUMAR MUKESH, ATTORNEY: A Primer on Maryland Child Custody and Child Support
Shavina Kumar Mukesh, a family law attorney, graduated from Middlesex University in London, England with an LL.B. in Law, in June 2007; she successfully completed the Legal Practice course at the College of Law in London, United Kingdom, in June 2008; and she earned her LL.M. degree in the Law of the United States, at the University of Baltimore School of Law in Baltimore, Maryland, in May 2010.
Attorney Mukesh is fluent in Hindi (native language) Punjabi and, of course, English. She is associated with the national general practice law firm of Charles Jerome Ware, P.A.
From the national general practice law firm of Charles Jerome Ware, P.A.: "Still working. Still committed. Still here to make a difference."
Child Custody
Having custody of a child can mean having legal custody or physical custody or both. Either or both of these types of custody can be shared under a custody agreement. If legal custody is shared, one parent is usually granted the breaking authority, for situations where parents cannot jointly reach a decision.
Legal custody is the right of a parent to make major decisions regarding the minor child, as contrasted to everyday decisions. These decisions can vary from religion, health and education.
Physical custody is the right to have the child reside with the parent for day-to-day care and control of the child.
Maryland Courts take into account the best interest of the child when determining which parent to award custody to. There is no standard definition of "best interest' of the child. However, the term generally refers to factors judges undertake when deciding what will be in the best interest of the child.
Some of the factors are:
Child Support
When parents are separated the child(ren) is entitled to receive the same financial support as before. Afterall, the child should not be penalized because the parents have separated.
A parent must petition for a court to establish child support in favor of the minor child. Child Support is calculated from the date of filing the petition.
Maryland Family courts consider the gross monthly income of both parents, cost of child care, existing alimony and child support obligations. Maryland legislature have established a formula that takes the above factors into account to assess the child's financial, educational and other needs.
Courts will only order a change to an existing order if the party can establish a legally sufficient 'material' and 'substantial' 'change of circumstances'; for example, change in custody arrangement or parental income changes. Judges cannot enforce/change voluntary child support payments.
[see, http://www.childwelfare.gov/systemwide/laws-policies/statutes/best_interest.cfm; Maryland Family Law: by John F. Fader, II and Richard J. Gilbert; Fam. Law Code Ann. §5-203]
Attorney Mukesh is fluent in Hindi (native language) Punjabi and, of course, English. She is associated with the national general practice law firm of Charles Jerome Ware, P.A.
From the national general practice law firm of Charles Jerome Ware, P.A.: "Still working. Still committed. Still here to make a difference."
Child Custody
Having custody of a child can mean having legal custody or physical custody or both. Either or both of these types of custody can be shared under a custody agreement. If legal custody is shared, one parent is usually granted the breaking authority, for situations where parents cannot jointly reach a decision.
Legal custody is the right of a parent to make major decisions regarding the minor child, as contrasted to everyday decisions. These decisions can vary from religion, health and education.
Physical custody is the right to have the child reside with the parent for day-to-day care and control of the child.
Maryland Courts take into account the best interest of the child when determining which parent to award custody to. There is no standard definition of "best interest' of the child. However, the term generally refers to factors judges undertake when deciding what will be in the best interest of the child.
Some of the factors are:
- Age, health and sex of the child;
- Character and reputation of the parties;
- Potential disruption of child's social and school life;
- Work schedule of parties; and
- Capacity of the parties to provide a safe home and opportunities for visitation.
Child Support
When parents are separated the child(ren) is entitled to receive the same financial support as before. Afterall, the child should not be penalized because the parents have separated.
A parent must petition for a court to establish child support in favor of the minor child. Child Support is calculated from the date of filing the petition.
Maryland Family courts consider the gross monthly income of both parents, cost of child care, existing alimony and child support obligations. Maryland legislature have established a formula that takes the above factors into account to assess the child's financial, educational and other needs.
Courts will only order a change to an existing order if the party can establish a legally sufficient 'material' and 'substantial' 'change of circumstances'; for example, change in custody arrangement or parental income changes. Judges cannot enforce/change voluntary child support payments.
[see, http://www.childwelfare.gov/systemwide/laws-policies/statutes/best_interest.cfm; Maryland Family Law: by John F. Fader, II and Richard J. Gilbert; Fam. Law Code Ann. §5-203]
Thursday, August 30, 2012
SURGERY MALPRACTICE VERDICTS: An Update by Medical Malpractice Attorney Charles Jerome Ware
Charles Jerome Ware, P.A.: A premier national-recognized medical malpractice law firm. "Still working. Still committed. Still here to make a difference."
The following list of verdicts and recoveries represents, at best, a summary survey nationwide of trending surgery malpractice verdicts and recoveries.
(1) $1,920,000 Recovery: Surgery Malpractice - Medical Malpractice - DEFENDANT FAMILY PRACTITIONER FAILS TO DIAGNOSE AND TREAT POST-OPERATIVE COMPLICATION – REPAIR SURGERY FOR BILE LEAK – MULTI-ORGAN FAILURE – NUMEROUS RESULTANT HEALTH ISSUES.
The following list of verdicts and recoveries represents, at best, a summary survey nationwide of trending surgery malpractice verdicts and recoveries.
(1) $1,920,000 Recovery: Surgery Malpractice - Medical Malpractice - DEFENDANT FAMILY PRACTITIONER FAILS TO DIAGNOSE AND TREAT POST-OPERATIVE COMPLICATION – REPAIR SURGERY FOR BILE LEAK – MULTI-ORGAN FAILURE – NUMEROUS RESULTANT HEALTH ISSUES.
In this surgery medical malpractice case the plaintiff, a 53-year-old construction supervisor, contended that the defendant failed to timely and appropriately diagnose and treat a post-operative complication. The defendant denied the plaintiff’s claims (New York).
(2) $100,000 Verdict for Plaintiff: Surgery Malpractice - Medical Malpractice.
The common hepatic duct was severed during a laparoscopic cholecystectomy. The surgery expert was critical of the surgeon (defendant) in this case for violating the so-called "Number One Rule" not to cut, clip or staple unless the anatomy in the patient is clearly identified. The defendant surgeon believed the injury to the patient to be a "complication" of the surgery and not something that he did.
The plaintiff, then age 47, underwent a laparoscopic cholecystectomy on 5-20-09. It was performed at Highland Regional Medical Center by the defendant surgeon. The plaintiff had been suffering from acute gallbladder symptoms.
During the surgery, the defendant severed the plaintiff’s common hepatic duct. This injury led to a complex surgical repair (New York).
During the surgery, the defendant severed the plaintiff’s common hepatic duct. This injury led to a complex surgical repair (New York).
(3) $500,000 Verdict: Surgery Malpractice - Medical Malpractice - Failure to perform adequate dissection of the gallbladder which lead to misperception of common duct being cystic duct - The defendant cuts the ________ common duct instead of cystic duct during surgery - Chronic abdominal pain - Subsequent surgery required to bypass bile duct.
In this surgery medical malpractice matter, the plaintiff alleged that the defendant was negligent in failing to appreciate the difference between the common duct and cystic duct during gallbladder surgery, resulting in the defendant cutting the common duct. The plaintiff suffers from chronic abdominal pain and had to undergo a subsequent surgery. The defendant denied any allegations of negligence (Napa County, California).
(4) $1,000,000 Verdict: Surgery Malpractice - Medical malpractice - Surgery - Injury to common bile duct and right hepatic artery during gall bladder removal surgery - Subsequent repair surgery and development of bile leakage and abdominal wall pain syndrome - Loss of income, pain and suffering, loss of normal life, disfigurement.
The plaintiff claimed the defendant surgeon violated the standard of care in causing injury to her common bile duct and right hepatic artery while performing a laparoscopic cholecystectomy. After the surgery, the plaintiff continued to suffer from bile leakage and additionally developed an abdominal wall pain syndrome that went undiagnosed for more than four years (Cook County, Illinois).
(5) Over $1,000,000 Verdict: Surgery Malpractice - Medical malpractice - Surgery - Negligent laparoscopic cholecystectomy - Failure to timely diagnose and treat post- operative bile leak and peritonitis - Multiple corrective surgeries with permanent surgical scars and risk of strictures.
The plaintiff commenced this action, alleging that the defendant negligently cut her common bile duct during a laparoscopic cholecystectomy, and that he failed to timely diagnose and properly treat her post-operative bile leak and peritonitis. The plaintiff named as defendants the surgeon and Lutheran Medical Center (Kings County, New York).
[www.jvra.com/Verdict/8-29-2012/Jury Verdict Review & Analysis; www.medicalmalpractice.com/Average Medical Malpractice Settlements from Surgical Error Complications; www.lawyersandsetlements.com/Surgery Malpractice awards]
MARYLAND CHILD CUSTODY AND CHILD SUPPORT: A Primer by Shavina K. Mukesh, Esquire
From the national general practice law firm of Charles Jerome Ware, P.A.: "Still working. Still committed. Still here to make a difference."
Child Custody
Having custody of a child can mean having legal custody or physical custody or both. Either or both of these types of custody can be shared under a custody agreement. If legal custody is shared, one parent is usually granted the breaking authority, for situations where parents cannot jointly reach a decision.
Legal custody is the right of a parent to make major decisions regarding the minor child, as contrasted to everyday decisions. These decisions can vary from religion, health and education.
Physical custody is the right to have the child reside with the parent for day-to-day care and control of the child.
Maryland Courts take into account the best interest of the child when determining which parent to award custody to. There is no standard definition of "best interest' of the child. However, the term generally refers to factors judges undertake when deciding what will be in the best interest of the child.
Some of the factors are:
Child Support
When parents are separated the child(ren) is entitled to receive the same financial support as before. Afterall, the child should not be penalized because the parents have separated.
A parent must petition for a court to establish child support in favor of the minor child. Child Support is calculated from the date of filing the petition.
Maryland Family courts consider the gross monthly income of both parents, cost of child care, existing alimony and child support obligations. Maryland legislature have established a formula that takes the above factors into account to assess the child's financial, educational and other needs.
Courts will only order a change to an existing order if the party can establish a legally sufficient 'material' and 'substantial' 'change of circumstances'; for example, change in custody arrangement or parental income changes. Judges cannot enforce/change voluntary child support payments.
[see, http://www.childwelfare.gov/systemwide/laws-policies/statutes/best_interest.cfm; Maryland Family Law: by John F. Fader, II and Richard J. Gilbert; Fam. Law Code Ann. §5-203]
Child Custody
Having custody of a child can mean having legal custody or physical custody or both. Either or both of these types of custody can be shared under a custody agreement. If legal custody is shared, one parent is usually granted the breaking authority, for situations where parents cannot jointly reach a decision.
Legal custody is the right of a parent to make major decisions regarding the minor child, as contrasted to everyday decisions. These decisions can vary from religion, health and education.
Physical custody is the right to have the child reside with the parent for day-to-day care and control of the child.
Maryland Courts take into account the best interest of the child when determining which parent to award custody to. There is no standard definition of "best interest' of the child. However, the term generally refers to factors judges undertake when deciding what will be in the best interest of the child.
Some of the factors are:
- The age, health and sex of the child;
- Character and reputation of the parties;
- Potential disruption of child's social and school life;
- Work schedule of parties; and
- Capacity of the parties to provide a safe home and opportunities for visitation.
Child Support
When parents are separated the child(ren) is entitled to receive the same financial support as before. Afterall, the child should not be penalized because the parents have separated.
A parent must petition for a court to establish child support in favor of the minor child. Child Support is calculated from the date of filing the petition.
Maryland Family courts consider the gross monthly income of both parents, cost of child care, existing alimony and child support obligations. Maryland legislature have established a formula that takes the above factors into account to assess the child's financial, educational and other needs.
Courts will only order a change to an existing order if the party can establish a legally sufficient 'material' and 'substantial' 'change of circumstances'; for example, change in custody arrangement or parental income changes. Judges cannot enforce/change voluntary child support payments.
[see, http://www.childwelfare.gov/systemwide/laws-policies/statutes/best_interest.cfm; Maryland Family Law: by John F. Fader, II and Richard J. Gilbert; Fam. Law Code Ann. §5-203]
SHAKESPEARE AND THE LAW: A Primer by James Jager, Actor
James Jager is a Shakespearean actor and teacher of acting and drama. He is also a consultant with the national general law practice firm of Charles Jerome Ware, P.A.: "Still working. Still committed. Still here to make a difference."
In his plays and other writings, Shakespeare mentions the law more than any other profession.
Although it is assumed by many that Shakespeare did not formally study law, it is clear from the many references in his works that the playwright possessed a significant general knowledge of legal terminology.
The legal jargon in Hamlet's speech in Act 5 is particularly impressive. Further, one play in particular, "Measure for Measure", contains the bulk of Shakespeare's writings on the law.
Keep the conversation going.
[www.shakespeare-online.com/quotes/shakespeare-law; www.shakespearefellowship.org/virtualclassroomlaw; www.shakespearelaw.org/"Shakespeare and the Law"; www.apieceofmonologue.com/2011/05/"Shakespeare, Justice and Modern Law"; onpoint.wbur.org/2011/04/15/"Shakespeare On American Law"].
In his plays and other writings, Shakespeare mentions the law more than any other profession.
Although it is assumed by many that Shakespeare did not formally study law, it is clear from the many references in his works that the playwright possessed a significant general knowledge of legal terminology.
The legal jargon in Hamlet's speech in Act 5 is particularly impressive. Further, one play in particular, "Measure for Measure", contains the bulk of Shakespeare's writings on the law.
Keep the conversation going.
[www.shakespeare-online.com/quotes/shakespeare-law; www.shakespearefellowship.org/virtualclassroomlaw; www.shakespearelaw.org/"Shakespeare and the Law"; www.apieceofmonologue.com/2011/05/"Shakespeare, Justice and Modern Law"; onpoint.wbur.org/2011/04/15/"Shakespeare On American Law"].
Wednesday, August 29, 2012
SURGERY MALPRACTICE: A Primer by Attorney Charles Jerome Ware
The national general practice law firm of Charles Jerome Ware, P.A. is a premier medical malpractice firm: "Still
working. Still committed. Still here to make a difference."
What is "surgery malpractice"?
First of all, be aware that the very nature of surgery itself carries a number of risks. The patient should be informed of these risks prior to the surgery.
Surgery malpractice, in brief, is basically and act or omission by a physician/surgeon which deviates from the normally accepted medical/surgery standard of care. When a patient is injured because of this surgical deviation, the patient may seek to recover monetary damages for his or her injuries resulting from the surgery malpractice.
As required in other medical negligence cases, there must be a duty by the surgeon to the victim. The physician/surgeon has a duty to the patient to practice medicine and perform the surgery competently.
It should be noted that, generally "medical negligence" (which includes the category of "surgery malpractice") may be committed by any medical provider including a doctor, nurse, surgeon, dentist or other medical professional.
Five of the most common surgical mistakes currently are:
(1) Wrong site surgery, which occurs when a patient's surgery is performed on the wrong body part or organ -- there are a fair number of instances in which patients had the wrong limb amputated.
(2) Wrong patient surgery, while not as common as wrong site surgery, has still been known to occur. A patient is subjected to an unneeded surgery, along with all the complications that accompany surgery, and may have lasting negative consequences.
(3) The use of unsanitary surgical instruments during surgery can lead to cross-contamination of disease. If the patient is already suffering from a compromised immune system, the results can be deadly. And it's more common than you might think for surgical instruments to be left inside the body after incisions have been sutured. While some hospitals require that all surgical instruments, sponges, gauze, etc. be counted before and after the surgery, not all do. Serious complications and infection can arise from a surgical instrument being left inside the body.
(4) Damage to organs and tissue. During a particular surgery, a neighboring organ can be accidentally perforated or punctured with a scalpel, scissors, or laser. Organ tissue is particularly delicate and such an occurrence can lead to severe and lasting health issues.
(5) Nerve damage. A surgeon's physical error or a mistake in the administration of anesthesia can cause the patient to suffer nerve damage.
A surgical mistake can cause huge medical bills, and may necessitate corrective follow-up procedures which can require the patient to take time off work (and thus lose wages.) In some cases, the patient's physical health may not be the same as it was before the surgical error, and may never be. Filing a medical malpractice suit is a legal remedy that seeks to make the patient whole again, but it's a complex process both from a legal and medical standpoint, so it's best to discuss each situation with an experienced medical malpractice attorney.
[see, Understanding the Law: A Primer, by Attorney Charles Jerome Ware, iUniverse (2008); Chapter 2, "Medical Malpractice", Legal Consumer Tips and Secrets: Avoiding Debtors' Prison in the United States, by Charles Jerome Ware, iUniverse (2011); "Common Surgical Mistakes", by David Goguen, JD, http://www.medicalmalpractice.com/resources/medical-malpractice/surgery-malpractice; "Surgery Negligence Claims," by Julie Glynn, www.ideamarketers.com (2011); "A Few Highlights of Surgery Negligence Claims", by Morgan Bailey, ezinearticles.com (2010); www.surgerymalpractice.com]
What is "surgery malpractice"?
First of all, be aware that the very nature of surgery itself carries a number of risks. The patient should be informed of these risks prior to the surgery.
Surgery malpractice, in brief, is basically and act or omission by a physician/surgeon which deviates from the normally accepted medical/surgery standard of care. When a patient is injured because of this surgical deviation, the patient may seek to recover monetary damages for his or her injuries resulting from the surgery malpractice.
As required in other medical negligence cases, there must be a duty by the surgeon to the victim. The physician/surgeon has a duty to the patient to practice medicine and perform the surgery competently.
It should be noted that, generally "medical negligence" (which includes the category of "surgery malpractice") may be committed by any medical provider including a doctor, nurse, surgeon, dentist or other medical professional.
Five of the most common surgical mistakes currently are:
(1) Wrong site surgery, which occurs when a patient's surgery is performed on the wrong body part or organ -- there are a fair number of instances in which patients had the wrong limb amputated.
(2) Wrong patient surgery, while not as common as wrong site surgery, has still been known to occur. A patient is subjected to an unneeded surgery, along with all the complications that accompany surgery, and may have lasting negative consequences.
(3) The use of unsanitary surgical instruments during surgery can lead to cross-contamination of disease. If the patient is already suffering from a compromised immune system, the results can be deadly. And it's more common than you might think for surgical instruments to be left inside the body after incisions have been sutured. While some hospitals require that all surgical instruments, sponges, gauze, etc. be counted before and after the surgery, not all do. Serious complications and infection can arise from a surgical instrument being left inside the body.
(4) Damage to organs and tissue. During a particular surgery, a neighboring organ can be accidentally perforated or punctured with a scalpel, scissors, or laser. Organ tissue is particularly delicate and such an occurrence can lead to severe and lasting health issues.
(5) Nerve damage. A surgeon's physical error or a mistake in the administration of anesthesia can cause the patient to suffer nerve damage.
A surgical mistake can cause huge medical bills, and may necessitate corrective follow-up procedures which can require the patient to take time off work (and thus lose wages.) In some cases, the patient's physical health may not be the same as it was before the surgical error, and may never be. Filing a medical malpractice suit is a legal remedy that seeks to make the patient whole again, but it's a complex process both from a legal and medical standpoint, so it's best to discuss each situation with an experienced medical malpractice attorney.
[see, Understanding the Law: A Primer, by Attorney Charles Jerome Ware, iUniverse (2008); Chapter 2, "Medical Malpractice", Legal Consumer Tips and Secrets: Avoiding Debtors' Prison in the United States, by Charles Jerome Ware, iUniverse (2011); "Common Surgical Mistakes", by David Goguen, JD, http://www.medicalmalpractice.com/resources/medical-malpractice/surgery-malpractice; "Surgery Negligence Claims," by Julie Glynn, www.ideamarketers.com (2011); "A Few Highlights of Surgery Negligence Claims", by Morgan Bailey, ezinearticles.com (2010); www.surgerymalpractice.com]
Tuesday, August 28, 2012
CLASS ACTION CASES 101: A Primer by Attorney Charles Jerome Ware
The national general practice law firm of Charles Jerome Ware, P.A.: "Still working. Still committed. Still here to make a difference."
In law, a "class action" case or lawsuit is filed on behalf of a sufficiently large group of people (plaintiffs, or class members) collectively to bring a legal claim to court and/or in which a class of people or other legal entities (defendants, or class members) is being sued.
Because they aggregate a large number of individualized claims into one representational lawsuit, class actions may offer a number of advantages.
The "class action" case or lawsuit originated in the United States and is still primarily an American phenomenon, although in several European countries with civil law consumer organizations may be allowed to bring claims on behalf of large groups of consumers in a class action mode.
In United States federal courts, class action cases are governed by Federal Rules of Civil Procedure Rule 23 and 28 U.S.C.A § 1332 (d).
Since about 1938, several states (about 35) have adopted and implemented class action remedies and rules similar to FRCP 23.
Under federal civil procedure rules, the successful federal class action case must have certain defining characteristics (frequently referred to by the acronym "CANT"):
Attorney Charles Jerome Ware has been actively involved as plaintiffs' counsel in 3 major federal class action cases: (1) The $250,000,000 Burger King class action lawsuits, (2) The $100,000,000 Capitol Hill Police Force class action lawsuit, and (3) the Black Farmers class action matter.
In law, a "class action" case or lawsuit is filed on behalf of a sufficiently large group of people (plaintiffs, or class members) collectively to bring a legal claim to court and/or in which a class of people or other legal entities (defendants, or class members) is being sued.
Because they aggregate a large number of individualized claims into one representational lawsuit, class actions may offer a number of advantages.
The "class action" case or lawsuit originated in the United States and is still primarily an American phenomenon, although in several European countries with civil law consumer organizations may be allowed to bring claims on behalf of large groups of consumers in a class action mode.
In United States federal courts, class action cases are governed by Federal Rules of Civil Procedure Rule 23 and 28 U.S.C.A § 1332 (d).
Since about 1938, several states (about 35) have adopted and implemented class action remedies and rules similar to FRCP 23.
Under federal civil procedure rules, the successful federal class action case must have certain defining characteristics (frequently referred to by the acronym "CANT"):
- Commonality—there must be one or more legal or factual claims common to the entire class (in some cases, it must be shown that the common issues will predominate the proceedings over individual issues, such as the amount of damages due to a particular class member),
- Adequacy—the representative parties must adequately protect the interests of the class,
- Numerosity—the class must be so large as to make individual suits impractical (in other words, that the class action is a superior vehicle for resolution than numerous individual suits), and
- Typicality—the claims or defenses must be typical of the plaintiffs or defendants.
Attorney Charles Jerome Ware has been actively involved as plaintiffs' counsel in 3 major federal class action cases: (1) The $250,000,000 Burger King class action lawsuits, (2) The $100,000,000 Capitol Hill Police Force class action lawsuit, and (3) the Black Farmers class action matter.
THE WRONGFUL DEATH LAWSUIT: A Primer by Attorney Charles Jerome Ware
The national general law practice of Charles Jerome Ware, P.A.: "Still working. Still committed. Still here to make a difference."
We are a premier wrongful death law firm in Maryland and Washington, D.C.
The typical wrongful death lawsuit alleges that the victim (the deceased) was killed as a result of negligence (or some other type of unjust and unlawful action) on the part of the person or entity being sued, and that the victim's (the deceased's) survivors are entitled to monetary damages as a result of the improper and unlawful conduct.
Money is the key goal in a wrongful death lawsuit.
While state "wrongful death" laws and statutes are generally enacted independently of each other and are frequently uniquely drafted, they all generally follow the same or very similar principles and elements.
A typical successful wrongful death claim generally contains four (4) elements:
(1) The death of a person (victim) which was caused, in whole or in part, by the conduct of the defendant;
(2) The defendant was negligent in the death of the person (victim) or strictly liable for the victim's death;
(3) There is a surviving spouse, children, dependents, or beneficiaries of the deceased victim; and
(4) Monetary damages have resulted from the victim's wrongful death.
The reader is encouraged to contact and consult with a wrongful death attorney if he or she believes they have a valid claim for the wrongful death of a family member, etc. Contact us for a free evaluation of your wrongful death claim.
[see, accident-law.freeadvice.com/wrongfuldeathclaims; www.bankrate.com/Taxes on a wrongful death settlement; www.lawyersandsettlements.com/Wrongfuldeath]
Some recent wrongful death settlements follow:
(1) A family in Charlotte County, Florida, in August 2012, received $770,000 in the wrongful death of a woman [www.msnbc.msn.com/"Family to receive $770k in wrongful death settlement"/ 08-22-2012;
(2) The family of an F-22 raptor pilot killed in a crash has reached a multi-million dollar settlement with the contractors who made the fighter jet's life support system [wtkr.com/2012-08-14/"Settlement reached in F-22 Pilot Wrongful Death Lawsuit"]
(3) The parents of a young paramedic trainee in Prince George's County, Maryland were awarded a settlement of over $1,000,000 in the wrongful death of their son in a road-rage incident [Wrongful Death Attorneys: Charles Jerome Ware, P.A., Columbia, Maryland];
(4) Two children of a man who lost his life due to a workplace accident settle for $1.6 million for wrongful death [www.lawyersandsettlements.com/wrongfuldeath]; and
(5) The three minor children of a young woman who was negligently shot to death by a police SWAT team in Anne Arundel County, Maryland while she was babysitting were awarded a multi-million dollar settlement for wrongful death [Wrongful Death Attorneys: Charles Jerome Ware, P.A., Columbia, Maryland].
We are a premier wrongful death law firm in Maryland and Washington, D.C.
The typical wrongful death lawsuit alleges that the victim (the deceased) was killed as a result of negligence (or some other type of unjust and unlawful action) on the part of the person or entity being sued, and that the victim's (the deceased's) survivors are entitled to monetary damages as a result of the improper and unlawful conduct.
Money is the key goal in a wrongful death lawsuit.
While state "wrongful death" laws and statutes are generally enacted independently of each other and are frequently uniquely drafted, they all generally follow the same or very similar principles and elements.
A typical successful wrongful death claim generally contains four (4) elements:
(1) The death of a person (victim) which was caused, in whole or in part, by the conduct of the defendant;
(2) The defendant was negligent in the death of the person (victim) or strictly liable for the victim's death;
(3) There is a surviving spouse, children, dependents, or beneficiaries of the deceased victim; and
(4) Monetary damages have resulted from the victim's wrongful death.
The reader is encouraged to contact and consult with a wrongful death attorney if he or she believes they have a valid claim for the wrongful death of a family member, etc. Contact us for a free evaluation of your wrongful death claim.
[see, accident-law.freeadvice.com/wrongfuldeathclaims; www.bankrate.com/Taxes on a wrongful death settlement; www.lawyersandsettlements.com/Wrongfuldeath]
Some recent wrongful death settlements follow:
(1) A family in Charlotte County, Florida, in August 2012, received $770,000 in the wrongful death of a woman [www.msnbc.msn.com/"Family to receive $770k in wrongful death settlement"/ 08-22-2012;
(2) The family of an F-22 raptor pilot killed in a crash has reached a multi-million dollar settlement with the contractors who made the fighter jet's life support system [wtkr.com/2012-08-14/"Settlement reached in F-22 Pilot Wrongful Death Lawsuit"]
(3) The parents of a young paramedic trainee in Prince George's County, Maryland were awarded a settlement of over $1,000,000 in the wrongful death of their son in a road-rage incident [Wrongful Death Attorneys: Charles Jerome Ware, P.A., Columbia, Maryland];
(4) Two children of a man who lost his life due to a workplace accident settle for $1.6 million for wrongful death [www.lawyersandsettlements.com/wrongfuldeath]; and
(5) The three minor children of a young woman who was negligently shot to death by a police SWAT team in Anne Arundel County, Maryland while she was babysitting were awarded a multi-million dollar settlement for wrongful death [Wrongful Death Attorneys: Charles Jerome Ware, P.A., Columbia, Maryland].
Monday, August 27, 2012
RIPLEY'S BELIEVE IT OR NOT: IS IT POSSIBLE?
What do you think? Keep the conversation going.
Scenario: Police in Jonesboro, Arkansas claim that a 21-year old black man, Chavis Chacobie Carter of Southaven, Mississippi committed suicide by shooting himself in the head, while both of his hands were handcuffed behind his own back, after he had been thoroughly searched at least twice for weapons, etc., and while sitting in the back seat of a police car.
Possible? Probable?
What do you think?
Keep the conversation going.
[www.examiner.com/article/"police-claim-handcuffed-prisoner-in-back-seat-of-squad-car-shoots-self-in-head", 08/01/2012; newsroom.blogs.cnn.com/author/pamsteffey/"Hand-cuffed man shoot self? Police say yes"/ 07/25/2012/ cnn.com/video; ac360.blogs.cnn.com/tag/randi-Kaye/ "Dash cam video before Chavis Carter death"/ August 17th, 2012; www.cbsnews.com/8301-504083/ "Chavis Carter medical examiner explains suicide ruling..."/ August 22, 2012; www.nytimes.com/2012/08/04/opinion/blow "The Curious Case of Chavis Carter"; abcnews.go.com/US/ChavisCarterCase/08-17-2012]
Scenario: Police in Jonesboro, Arkansas claim that a 21-year old black man, Chavis Chacobie Carter of Southaven, Mississippi committed suicide by shooting himself in the head, while both of his hands were handcuffed behind his own back, after he had been thoroughly searched at least twice for weapons, etc., and while sitting in the back seat of a police car.
Possible? Probable?
What do you think?
Keep the conversation going.
[www.examiner.com/article/"police-claim-handcuffed-prisoner-in-back-seat-of-squad-car-shoots-self-in-head", 08/01/2012; newsroom.blogs.cnn.com/author/pamsteffey/"Hand-cuffed man shoot self? Police say yes"/ 07/25/2012/ cnn.com/video; ac360.blogs.cnn.com/tag/randi-Kaye/ "Dash cam video before Chavis Carter death"/ August 17th, 2012; www.cbsnews.com/8301-504083/ "Chavis Carter medical examiner explains suicide ruling..."/ August 22, 2012; www.nytimes.com/2012/08/04/opinion/blow "The Curious Case of Chavis Carter"; abcnews.go.com/US/ChavisCarterCase/08-17-2012]
Friday, August 24, 2012
BANKRUPTCY: Good News For Michigan Bankruptcy Filers!
BREAKING GOOD NEWS from the national general law practice firm of Charles Jerome Ware, P.A.: "Still working. Still committed. Still here to make a difference."
The Sixth Circuit U.S. Court of Appeals has now ruled that Michigan debtors can use the Michigan-specific "bankruptcy-only" exemptions! This means, among other things, that Michigan bankruptcy-filers can now choose from 3 sets of bankruptcy exemptions. The most choices in the nation.
Thus, Michigan bankruptcy-filers have more bankruptcy exemptions to protect more of their property during bankruptcy.
On August 20, 2012, the United States Court of Appeals for the Sixth Circuit ruled that people filing for bankruptcy in Michigan may use Michigan’s set of bankruptcy-only exemptions. The decision (in In re Schafer, 2012 WL 3553294 (6th Cir. August 20, 2012)) is good news for those filing for bankruptcy in Michigan!
The issue initially was ruled upon by the courts in 2011, when the Sixth Circuit Bankruptcy Appellate Panel held that Michigan’s bankruptcy-specific exemptions (found in Mich. Comp. Laws §600.5451) were unconstitutional.
An explanation may be helpful to you:
What Are Bankruptcy Exemptions?
In Chapter 7 bankruptcy, exemptions allow you to keep certain types of property, often up to certain amounts of equity. For example, if the law provides you with a motor vehicle exemption up to $5,000, it means you can protect up to $5,000 in equity in your car. If your car is worth $3,000, the bankruptcy trustee cannot take it since all of the equity is covered by an exemption.
Exemptions play a role in Chapter 13 bankruptcy as well.
"Bankruptcy-Only" Exemptions
Federal bankruptcy law provides a set of exemptions. Each state has a set of exemptions as well. Usually, those exemptions can be used in bankruptcy and to protect property from judgment creditors. But some states, like Michigan, have a set of state exemptions that apply only in bankruptcy. They cannot be used to protect property from judgment creditors. These are referred to as "bankruptcy-only exemptions."
The Constitutionality of "Bankruptcy-Only Exemptions"
In 2011, the Bankruptcy Appellate Panel in the 6th Circuit (which covers Kentucky, Michigan, Ohio, and Tennessee) held that Michigan’s bankruptcy-only exemptions were unconstitutional. But four days ago, the 6th Circuit Court of Appeal reversed that decision – ruling that bankruptcy-only exemptions are constitutional. This means that once again, bankruptcy filers in Michigan can choose from three sets of exemptions: the federal exemptions, Michigan’s regular exemptions (those that also apply to judgment creditors), and Michigan’s bankruptcy-only exemptions.
What Does This Mean for Michigan Bankruptcy Filers?
For bankruptcy filers, this is good news! It’s always better to have more options, and for many filers, the bankruptcy-only exemptions will protect more property. For example, the homestead exemption in Michigan’s bankruptcy-only exemptions is significantly higher than the homestead exemption in Michigan’s general exemption scheme.
So for filers that have a home, the bankruptcy-only exemptions may help those filers keep their home.
The "Michigan Bankruptcy-Only Exemptions, as far as we know, are: (1) Homestead, (2) Personal Property, (3) Wages, (4) Pensions, (5) Public Benefits, (6) Tools of Trade, (7) Insurance, (8) Miscellaneous, and (9) Other.
[In re Schafer, 2012 WL 3553294, 6th Circuit U.S. Court of Appeals, August 20th, 2012; http://blog.nolo.com/bankruptcy/2012/08/23/6th-circuit-says-michigan-debtors-can-use-bankruptcy-only-exemptions; www.thebankruptcysite.org/exemptions/michigan/08/23/2012; law.justia.com/cases/federal/appelate-courts/stateofmichiganv.schafer/8-23-2012]
The Sixth Circuit U.S. Court of Appeals has now ruled that Michigan debtors can use the Michigan-specific "bankruptcy-only" exemptions! This means, among other things, that Michigan bankruptcy-filers can now choose from 3 sets of bankruptcy exemptions. The most choices in the nation.
Thus, Michigan bankruptcy-filers have more bankruptcy exemptions to protect more of their property during bankruptcy.
On August 20, 2012, the United States Court of Appeals for the Sixth Circuit ruled that people filing for bankruptcy in Michigan may use Michigan’s set of bankruptcy-only exemptions. The decision (in In re Schafer, 2012 WL 3553294 (6th Cir. August 20, 2012)) is good news for those filing for bankruptcy in Michigan!
The issue initially was ruled upon by the courts in 2011, when the Sixth Circuit Bankruptcy Appellate Panel held that Michigan’s bankruptcy-specific exemptions (found in Mich. Comp. Laws §600.5451) were unconstitutional.
An explanation may be helpful to you:
What Are Bankruptcy Exemptions?
In Chapter 7 bankruptcy, exemptions allow you to keep certain types of property, often up to certain amounts of equity. For example, if the law provides you with a motor vehicle exemption up to $5,000, it means you can protect up to $5,000 in equity in your car. If your car is worth $3,000, the bankruptcy trustee cannot take it since all of the equity is covered by an exemption.
Exemptions play a role in Chapter 13 bankruptcy as well.
"Bankruptcy-Only" Exemptions
Federal bankruptcy law provides a set of exemptions. Each state has a set of exemptions as well. Usually, those exemptions can be used in bankruptcy and to protect property from judgment creditors. But some states, like Michigan, have a set of state exemptions that apply only in bankruptcy. They cannot be used to protect property from judgment creditors. These are referred to as "bankruptcy-only exemptions."
The Constitutionality of "Bankruptcy-Only Exemptions"
In 2011, the Bankruptcy Appellate Panel in the 6th Circuit (which covers Kentucky, Michigan, Ohio, and Tennessee) held that Michigan’s bankruptcy-only exemptions were unconstitutional. But four days ago, the 6th Circuit Court of Appeal reversed that decision – ruling that bankruptcy-only exemptions are constitutional. This means that once again, bankruptcy filers in Michigan can choose from three sets of exemptions: the federal exemptions, Michigan’s regular exemptions (those that also apply to judgment creditors), and Michigan’s bankruptcy-only exemptions.
What Does This Mean for Michigan Bankruptcy Filers?
For bankruptcy filers, this is good news! It’s always better to have more options, and for many filers, the bankruptcy-only exemptions will protect more property. For example, the homestead exemption in Michigan’s bankruptcy-only exemptions is significantly higher than the homestead exemption in Michigan’s general exemption scheme.
So for filers that have a home, the bankruptcy-only exemptions may help those filers keep their home.
The "Michigan Bankruptcy-Only Exemptions, as far as we know, are: (1) Homestead, (2) Personal Property, (3) Wages, (4) Pensions, (5) Public Benefits, (6) Tools of Trade, (7) Insurance, (8) Miscellaneous, and (9) Other.
[In re Schafer, 2012 WL 3553294, 6th Circuit U.S. Court of Appeals, August 20th, 2012; http://blog.nolo.com/bankruptcy/2012/08/23/6th-circuit-says-michigan-debtors-can-use-bankruptcy-only-exemptions; www.thebankruptcysite.org/exemptions/michigan/08/23/2012; law.justia.com/cases/federal/appelate-courts/stateofmichiganv.schafer/8-23-2012]
(BBB) BRITISH BANK BANE: HSBC HOLDINGS PLC (HSBA) CHARGED WITH MONEY LAUNDERING
Another British Bank, HSBC, is now in settlement negotiations with U.S. bank regulators for alleged laundering of money for nations under sanction such as Iran and Sudan.
This is the second British bank in the past two weeks to go to settlement with U.S. regulators over allegations of money laundering with sanctioned countries such as Iran. Britain's Standard Chartered bank agreed on August 14, 2012 to pay over $340 million to settle a New York state banking matter that could have resulted in the mega-bank losing its New York license to do business.
HSBC is Europe's largest bank by market value. In July 2012, it made a $700 million provision for any U.S. fines for money laundering in the U.S. after a U.S. Senate Committee determined the bank had given Iranian and Sudanese terrorists and drug cartels access to the U.S. financial system. That $700 million provision may well increase depending upon the facts and circumstances.
[www.bloomberg.com/news/2012-08-24/hsbc-in-settlement-talks-with-us-over-moneylaundering; www.businessweek.com/news/2012-08-23/hsbc-outlook-cut-to-negative-by-s-and-p]
This is the second British bank in the past two weeks to go to settlement with U.S. regulators over allegations of money laundering with sanctioned countries such as Iran. Britain's Standard Chartered bank agreed on August 14, 2012 to pay over $340 million to settle a New York state banking matter that could have resulted in the mega-bank losing its New York license to do business.
HSBC is Europe's largest bank by market value. In July 2012, it made a $700 million provision for any U.S. fines for money laundering in the U.S. after a U.S. Senate Committee determined the bank had given Iranian and Sudanese terrorists and drug cartels access to the U.S. financial system. That $700 million provision may well increase depending upon the facts and circumstances.
[www.bloomberg.com/news/2012-08-24/hsbc-in-settlement-talks-with-us-over-moneylaundering; www.businessweek.com/news/2012-08-23/hsbc-outlook-cut-to-negative-by-s-and-p]
Thursday, August 23, 2012
VOTER PROTECTION IN 2012: A Primer by Attorney Charles Jerome Ware
The national general practice law firm of Charles Jerome Ware, P.A.: "Still working. Still committed. Still here to make a difference."
The issue of "voter protection" looms large in the Presidential and Congressional elections of 2012.
Several states have been working on their own voter protection laws --- including Pennsylvania, Arizona, Oregon, Iowa, New Jersey, and Oklahoma, etc. --- seeking to deal with the increasing problem in the United States of voter intimidation and voter suppression.
Voter disenfranchisement has been a major problem in America during our entire history, but the major law designed to provide voter protection in the last forty-plus years has been the Voting Rights Act of 1965, which is enforced primarily by the Civil Rights Division (Voting Section) of U.S. Department of Justice.
The Voting Rights Act of 1965 (42 U.S.C. §§ 1973) is the landmark national legislation in the U.S. that outlawed the rampaging (especially in the South) discriminatory voting practices that had contributed monstrously to the widespread disenfranchisement of African Americans in the U.S.
Citizens are encouraged to be aware and vigilant about any activities by anyone that appear to intimidate and/or suppress voters from voting. This matter is critically important.
Complaints, concerns or questions concerning a voting matter or problem may be addressed to:
U.S. 950 Pennsylvania Avenue, N.W. Washington , D.C.
20530
The issue of "voter protection" looms large in the Presidential and Congressional elections of 2012.
Several states have been working on their own voter protection laws --- including Pennsylvania, Arizona, Oregon, Iowa, New Jersey, and Oklahoma, etc. --- seeking to deal with the increasing problem in the United States of voter intimidation and voter suppression.
Voter disenfranchisement has been a major problem in America during our entire history, but the major law designed to provide voter protection in the last forty-plus years has been the Voting Rights Act of 1965, which is enforced primarily by the Civil Rights Division (Voting Section) of U.S. Department of Justice.
The Voting Rights Act of 1965 (42 U.S.C. §§ 1973) is the landmark national legislation in the U.S. that outlawed the rampaging (especially in the South) discriminatory voting practices that had contributed monstrously to the widespread disenfranchisement of African Americans in the U.S.
Citizens are encouraged to be aware and vigilant about any activities by anyone that appear to intimidate and/or suppress voters from voting. This matter is critically important.
Complaints, concerns or questions concerning a voting matter or problem may be addressed to:
Chief,
Voting Section
Civil
Rights Division
Room
7254-NWB
1-800-253-3931
[www.justice.gov/crt/vot/intro/ The Voting Rights Act of 1965; Delaying the Dream: Southern Senators and the Fight Against Civil Rights, 1938-1965, by Keith M. Finley (2008), Baton Rouge: Louisiana State University Press; "Race, Region, and Vote Choice in the 2008 Election: Implications for the Future of the Voting Rights Act", Harvard Law Review 123(6): 1385-1436, by Stephen Ansolabehere, National Persily and Charles Stewart III (2010)]
LOTTERY MONEY!!! Update by Dr. Charles Jerome Ware
The Secret Science of Winning Lotteries, Sweepstakes and
Contests: Laws, Strategies, Formulas and Statistics [Paperback]
Charles
Ware (Author)
Book Description
Publication Date: July 26, 2012
There is a science of winning lotteries, sweepstakes and contests! When it comes to lotteries, sweepstakes and contests, there are ways to improve your odds or probability of winning. They are discussed in this book, with a lot of detail and some humor. Blind reliance on luck or chance is not necessary to win lotteries, sweepstakes and contests. The "4Ps" of persistence, preparation, poise and a positive mental attitude are necessary to win on a consistent or regular basis. Therefore, just about anyone is capable of winning. Charles Jerome Ware is a noted author and attorney, microeconomist, lotterician, sweepstaker and contester. He is a principal in the national law firm of Charles Jerome Ware, Attorneys and Counselors. Dr. Ware is a highly successful and life-long sweepstaker and contester. He is also a successful lotterician who, for several years, has investigated, monitored and researched lotteries throughout the United States and several foreign countries. Dr. Ware is the recipient of numerous awards for his accomplishments in law and other areas. He lives in Columbia, Maryland.
RECESSION COMING EARLY 2012?: Warning from Congressional Budget Office Chief
The national general law offices of Charles Jerome Ware, P.A.: "Still working. Still committed. Still here to make a difference."
Douglas Elmendorf, director of the Congressional Budget Office (CBO) in Washington, D.C. stated today, Wednesday, August 22, 2012 that (presumably regardless of who is President) currently planned sharp cuts in spending and increases in taxes at the end of 2012 would cause "a dramatic reduction in the federal deficit" and "a significant tightening of fiscal policy". This will, he stated, "probably lead to a recession early next year (2013)".
Economic and financial analysts have been referring to this budget crisis as the "fiscal cliff".
[nbcpolitics.nbcnews.com/news/ 2012/08/22/ "CBO Chief Warns Of 'Fiscal Cliff' and Potential Recession"; www.reuters.com/article/ 08-22-2012/ "Update 3-U.S. CBO sees worse economic wreckage from 'fiscal cliff'"; blogs.wsj.com/marketbeat/ 2012/08/22/ "Fiscal Cliff Watch: Markets Ignore CBO's Recession Warning"]
Douglas Elmendorf, director of the Congressional Budget Office (CBO) in Washington, D.C. stated today, Wednesday, August 22, 2012 that (presumably regardless of who is President) currently planned sharp cuts in spending and increases in taxes at the end of 2012 would cause "a dramatic reduction in the federal deficit" and "a significant tightening of fiscal policy". This will, he stated, "probably lead to a recession early next year (2013)".
Economic and financial analysts have been referring to this budget crisis as the "fiscal cliff".
[nbcpolitics.nbcnews.com/news/ 2012/08/22/ "CBO Chief Warns Of 'Fiscal Cliff' and Potential Recession"; www.reuters.com/article/ 08-22-2012/ "Update 3-U.S. CBO sees worse economic wreckage from 'fiscal cliff'"; blogs.wsj.com/marketbeat/ 2012/08/22/ "Fiscal Cliff Watch: Markets Ignore CBO's Recession Warning"]
Wednesday, August 22, 2012
MIDWIFE MEDICAL MALPRACTICE: A Primer By Attorney Charles Jerome Ware
The Law Offices of the national general practice law firm of Charles Jerome Ware, P.A.: "Still working. Still committed. Still here to make a difference."
For hundreds of years midwives, or their equivalent, have assisted millions of women through the critical birthing process.
Generally, "midwives" assist women in giving birth either in their home, a clinic, or the hospital by attending childbirth, providing support during the labor and delivery processes, and supervising or coordinating the overall general healthcare of mothers and babies immediately after birth.
Midwives who work within a hospital or clinic are called "nurse-midwives" and they must be medically trained, certified and licensed. Other midwives, called "lay-midwives" are not necessarily medically trained. Each state has its own rules, regulations and protocols regarding the training, licensing and guidance of both nurse-midwives and lay-midwives.
About 445 nurse-midwife medical malpractice reports were made to the "National Practitioner Data-bank in the United States between 1990 and 2004.
[see, NPDB Summary Report, National Practitioner Data Bank, U.S. Department of Health and Human Services, 1990-2004; www.rightdiagnosis.com/medical-malpractice/midwife_and_malpractice.htm/ 8-22-2012]
A summarized survey of some verdicts, judgments, and recoveries in recent Midwife Medical Malpractice cases in the United States follows:
(1) $3,145,000 Verdict: Midwife Medical Malpractice-
OB/GYN – FAILURE OF MIDWIFE TO SUMMON OB/GYN OR RECOMMEND C-SECTION DESPITE SIGNS OF FETAL DISTRESS FOR 45 MINUTES – HYPOXIC-ISCHEMIC ENCEPHALOPATHY – CEREBRAL PALSY – CORTICAL BLINDNESS – PROFOUND MENTAL RETARDATION – SPASTIC QUADRIPLEGIA – NEED FOR FEEDING TUBE – KABUKI SYNDROME.
For hundreds of years midwives, or their equivalent, have assisted millions of women through the critical birthing process.
Generally, "midwives" assist women in giving birth either in their home, a clinic, or the hospital by attending childbirth, providing support during the labor and delivery processes, and supervising or coordinating the overall general healthcare of mothers and babies immediately after birth.
Midwives who work within a hospital or clinic are called "nurse-midwives" and they must be medically trained, certified and licensed. Other midwives, called "lay-midwives" are not necessarily medically trained. Each state has its own rules, regulations and protocols regarding the training, licensing and guidance of both nurse-midwives and lay-midwives.
About 445 nurse-midwife medical malpractice reports were made to the "National Practitioner Data-bank in the United States between 1990 and 2004.
[see, NPDB Summary Report, National Practitioner Data Bank, U.S. Department of Health and Human Services, 1990-2004; www.rightdiagnosis.com/medical-malpractice/midwife_and_malpractice.htm/ 8-22-2012]
A summarized survey of some verdicts, judgments, and recoveries in recent Midwife Medical Malpractice cases in the United States follows:
(1) $3,145,000 Verdict: Midwife Medical Malpractice-
OB/GYN – FAILURE OF MIDWIFE TO SUMMON OB/GYN OR RECOMMEND C-SECTION DESPITE SIGNS OF FETAL DISTRESS FOR 45 MINUTES – HYPOXIC-ISCHEMIC ENCEPHALOPATHY – CEREBRAL PALSY – CORTICAL BLINDNESS – PROFOUND MENTAL RETARDATION – SPASTIC QUADRIPLEGIA – NEED FOR FEEDING TUBE – KABUKI SYNDROME.
In this action, the plaintiff contended that the defendant midwife negligently delayed summoning an ob/gyn despite signs of fetal distress. The plaintiff contended that as a result, the baby suffered hypoxic-ischemic encephalopathy. The plaintiff maintained that the child suffered cerebral palsy, spastic quadriplegia, profound mental retardation, and requires a feeding tube (Androscoggin County, Maine, 185930).
(2) Over $1,000,000 Verdict:
MEDICAL MALPRACTICE - OB/GYN - MIDWIFE MEDICAL MALPRACTICE - FAILURE TO TRANSFER TO HOSPITAL AFTER MOTHER IS PUSHING FOR MORE THAN TWO HOURS - PATIENT SIGNED INFORMED CONSENT FORM - PLAINTIFF ALSO CONTENDS HEIGHTENED RISKS OF HOME BIRTH MANDATE FULL EXPLANATION OF HYPOXIA RISKS - CEREBRAL PALSY.
In this action, the plaintiff contended that the defendant midwife negligently failed to transfer the mother to the hospital when it became apparent that the second stage of labor was continuing for a prolonged and potentially dangerous period of time (Ocean County, NJ, 184570).
(3) $21,600,000 Verdict:
MEDICAL MALPRACTICE - OB/GYN - NURSING MIDWIFE - FAILURE TO MONITOR BOTH HEART RATES OF TWINS DURING DELIVERY - BRAIN DAMAGE TO A NEWBORN CHILD - CEREBRAL PALSY.
In this medical malpractice case, a family sued on behalf an infant who suffered cerebral palsy after a botched delivery. The jury delivered a subsequent landmark $21.6 million verdict against the hospital (Pennsylvania, 182889).
(4) Over $1,000,000:
CONFIDENTIAL RECOVERY - MEDICAL MALPRACTICE - OB/GYN - MIDWIFE MEDICAL NEGLIGENCE - FAILURE TO PERFORM CESAREAN SECTION RESULTS IN HYPOXIA - CEREBRAL PALSY.
In this medical malpractice matter, the plaintiff alleged that the defendant nurse midwife was negligent in failing to have a Cesarean section performed when it became apparent that the fetus was in distress, resulting in hypoxic brain injury. The defendant denied the allegations of negligence (Massachusetts, 169620).
[snt133.mail.live.com/8-22-2012; www.rightdiagnosis.com/medical-malpractice/midwife_and_medical/ 8-22-2012; Consumer Legal Tips and Secrets, Chapters 1 and 2, Medical Malpractice & Personal Injury, by Attorney Charles Jerome Ware, iUniverse Publishers (2011); www.jvra.com/Verdict_Trak/professional/185930/ 8/22/2012]
Tuesday, August 21, 2012
GANAR DINERO: LA LOTERIA
La ciencia secreta de las loterías ganadores, sorteos y concursos:
Estrategias de leyes, fórmulas y Estadística [New Paperback Book] por el Dr.
Charles Jerome Ware, iUniverse Publishers, Amazon.com (2012)
WINNING MONEY: THE LOTTERY
The Secret Science of Winning
Lotteries, Sweepstakes and Contests: Laws, Strategies, Formulas and Statistics
[Paperback]
Charles Ware (Author)
There is a science of winning lotteries,
sweepstakes and contests! When it comes to lotteries, sweepstakes and contests,
there are ways to improve your odds or probability of winning. They are
discussed in this book, with a lot of detail and some humor. Blind reliance on
luck or chance is not necessary to win lotteries, sweepstakes and contests. The
"4Ps" of persistence, preparation, poise and a positive mental attitude are
necessary to win on a consistent or regular basis. Therefore, just about anyone
is capable of winning. Charles Jerome Ware is a noted author and attorney,
microeconomist, lotterician, sweepstaker and contester. He is a principal in the
national law firm of Charles Jerome Ware, Attorneys and Counselors. Dr. Ware is
a highly successful and life-long sweepstaker and contester. He is also a
successful lotterician who, for several years, has investigated, monitored and
researched lotteries throughout the United States and several foreign countries.
Dr. Ware is the recipient of numerous awards for his accomplishments in law and
other areas. He lives in Columbia, Maryland.
APPLE, Inc: The Biggest!
From the national general practice law firm of Charles Jerome Ware, P.A.: "Still working! Still committed! Still here to make a difference!"
It's official! The iconic company founded by the visionary Steve Jobs --- Apple, Inc. --- has surpassed the legendary giant Microsoft Corporation as the largest U.S. company ever, measured by stock-market value.
On Monday, August 21st, 2012, Apple's stock market value hit a record $632.52 billion! This was $16.18 billion higher than Microsoft's record closing market value high of $616.34 billion back in December 1999.
Congratulations to the now-deceased visionary Steve Jobs and to Apple, Inc.
[WSJ, Tuesday, 08-21-2012, "Apple Now Biggest Ever U.S. Company", p. A1; www.businessweek.com/ap/2012-08-20/apple-sets-record-for-companyvalue; www.reuters.com/article/2012/08/20/us-apple-valuation]
It's official! The iconic company founded by the visionary Steve Jobs --- Apple, Inc. --- has surpassed the legendary giant Microsoft Corporation as the largest U.S. company ever, measured by stock-market value.
On Monday, August 21st, 2012, Apple's stock market value hit a record $632.52 billion! This was $16.18 billion higher than Microsoft's record closing market value high of $616.34 billion back in December 1999.
Congratulations to the now-deceased visionary Steve Jobs and to Apple, Inc.
[WSJ, Tuesday, 08-21-2012, "Apple Now Biggest Ever U.S. Company", p. A1; www.businessweek.com/ap/2012-08-20/apple-sets-record-for-companyvalue; www.reuters.com/article/2012/08/20/us-apple-valuation]
Monday, August 20, 2012
LA LOTERIA:
LA LOTERIA: La ciencia secreta de las loterías ganadores, sorteos y concursos: Estrategias de leyes, fórmulas y Estadística [New Paperback Book] por el Dr. Charles Jerome Ware, iUniverse Publishers, Amazon.com (2012)
THE END OF FANNIE MAE AND FREDDIE MAC?
Monday, August 20th, 2012, Columbia, Howard County, Maryland. The national general practice law offices of Charles Jerome Ware, P.A.: "Still working. Still committed. Still here to make a difference."
It surprises me. I never realized until last Friday (August 17th, 2012) that federally-backed mortgage grants Fannie Mae and Freddie Mac had been placed on a track for extinction.
The U.S. Treasury Department on Friday tightened its chokehold on the two giants by restricting its conservatorship over the agencies, and speeding up their "winddown". Now, all of Fannie Mae and Freddie Mac's present and future profits are locked up by Treasury and they are mandated to follow certain steps to otherwise wind down their assets in an expedited way.
As part of their new requirements, Fannie Mae and Freddie Mac must give every dollar of profit they make to the Treasury. Previously, they were only required to pay a fixed 10 percent dividend on the government aid, which totaled almost $19 billion a year.
Further, under the new requirements, Fannie and Freddie will figuratively have to "fire sale" or wind down their mortgage portfolios by an increased 15 percent a year, compared with the previous 10 percent.
[articles.philly.com/2012-08-18/business/fannie-and-freddie; (Twitter of Charles J. Ware), August 17, 2012, "Fannie Mae, Freddie Mac 'Winddown' Speeds Up: Update by Attorney Charles Jerome Ware"; (Blog), The Lawyer's Mailbox, Friday, August 17, 2012, "Fannie Mae, Freddie Mac 'Winddown' Speeds Up"]
It surprises me. I never realized until last Friday (August 17th, 2012) that federally-backed mortgage grants Fannie Mae and Freddie Mac had been placed on a track for extinction.
The U.S. Treasury Department on Friday tightened its chokehold on the two giants by restricting its conservatorship over the agencies, and speeding up their "winddown". Now, all of Fannie Mae and Freddie Mac's present and future profits are locked up by Treasury and they are mandated to follow certain steps to otherwise wind down their assets in an expedited way.
As part of their new requirements, Fannie Mae and Freddie Mac must give every dollar of profit they make to the Treasury. Previously, they were only required to pay a fixed 10 percent dividend on the government aid, which totaled almost $19 billion a year.
Further, under the new requirements, Fannie and Freddie will figuratively have to "fire sale" or wind down their mortgage portfolios by an increased 15 percent a year, compared with the previous 10 percent.
[articles.philly.com/2012-08-18/business/fannie-and-freddie; (Twitter of Charles J. Ware), August 17, 2012, "Fannie Mae, Freddie Mac 'Winddown' Speeds Up: Update by Attorney Charles Jerome Ware"; (Blog), The Lawyer's Mailbox, Friday, August 17, 2012, "Fannie Mae, Freddie Mac 'Winddown' Speeds Up"]
Friday, August 17, 2012
FANNIE MAE, FREDDIE MAC "WINDDOWN" SPEEDS UP: Update by Attorney Charles Jerome Ware
The national general practice law firm of Charles Jerome Ware, P.A.: "Still working. Still committed. Still here to make a difference."
The U.S. Treasury Department today (Friday, August 17, 2012), upon careful reconsideration, announced plans to "speed up" the "winddown" of its financial support of the Federal government-sponsored Fannie Mae and Freddie Mac, among the largest mortgage finance companies in the United States.
Treasury has, in effect, that it will rework the terms of the Federal government's bailout of the two mortgage giants to shrink the companies more quickly and ensure that the tax payers benefit from any profits generated by the two enterprises, which now own or guarantee about 60 percent of U.S. home loans.
The renegotiated terms of the four-year-old Federal conservatorship of Fannie Mae and Freddie Mac, which began in 2008, mandate the two giants downsize their massive mortgage portfolios by 15 percent annually, up from 10 percent.
Treasury Secretary Geithner has said he will propose a plan to overhaul housing finance that could include dismantling or altering Fannie Mae and Freddie Mac.
[www.sddt.com/Finance/article/FannieMae-FreddieMac/ 08-17-2012; www.washingtonpost.com/business/economy/US-to-tevamp-fannie-freddie-bailout/ 08-17-2012; www.reuters.com/article/2012/08/17/US-usa -housing; bloomberg.com/new/2012/08/17/treasury-accelerates-withdrawal-of-fannie]
The U.S. Treasury Department today (Friday, August 17, 2012), upon careful reconsideration, announced plans to "speed up" the "winddown" of its financial support of the Federal government-sponsored Fannie Mae and Freddie Mac, among the largest mortgage finance companies in the United States.
Treasury has, in effect, that it will rework the terms of the Federal government's bailout of the two mortgage giants to shrink the companies more quickly and ensure that the tax payers benefit from any profits generated by the two enterprises, which now own or guarantee about 60 percent of U.S. home loans.
The renegotiated terms of the four-year-old Federal conservatorship of Fannie Mae and Freddie Mac, which began in 2008, mandate the two giants downsize their massive mortgage portfolios by 15 percent annually, up from 10 percent.
Treasury Secretary Geithner has said he will propose a plan to overhaul housing finance that could include dismantling or altering Fannie Mae and Freddie Mac.
[www.sddt.com/Finance/article/FannieMae-FreddieMac/ 08-17-2012; www.washingtonpost.com/business/economy/US-to-tevamp-fannie-freddie-bailout/ 08-17-2012; www.reuters.com/article/2012/08/17/US-usa -housing; bloomberg.com/new/2012/08/17/treasury-accelerates-withdrawal-of-fannie]
Thursday, August 16, 2012
THE LOTTERY!: THE SECRET SCIENCE OF WINNING LOTTERIES, SWEEPSTAKES AND CONTESTS: Laws, Strategies, Formulas and Statistics [New Paperback Book]
The Secret Science of Winning Lotteries, Sweepstakes and Contests: Laws, Strategies, Formulas and Statistics [Paperback]
There is a science of winning lotteries, sweepstakes and contests! When it comes to lotteries, sweepstakes and contests, there are ways to improve your odds or probability of winning. They are discussed in this book, with a lot of detail and some humor. Blind reliance on luck or chance is not necessary to win lotteries, sweepstakes and contests. The "4Ps" of persistence, preparation, poise and a positive mental attitude are necessary to win on a consistent or regular basis. Therefore, just about anyone is capable of winning. Charles Jerome Ware is a noted author and attorney, microeconomist, lotterician, sweepstaker and contester. He is a principal in the national law firm of Charles Jerome Ware, Attorneys and Counselors. Dr. Ware is a highly successful and life-long sweepstaker and contester. He is also a successful lotterician who, for several years, has investigated, monitored and researched lotteries throughout the United States and several foreign countries. Dr. Ware is the recipient of numerous awards for his accomplishments in law and other areas. He lives in Columbia, Maryland.http://amzn.com/1432793888
HOSPITAL AND CLINIC NEGLIGENCE CASES: Legal Briefing by Attorney Charles Jerome Ware
The national general practice law offices of Charles Jerome Ware: "Still working. Still committed. Still here to make a difference."
The only serious outcome or result for a plaintiff who brings a "successful" hospital or clinical negligence claim is an award of damages: i.e., money.
Generally, "negligence" is the breach of a legal duty of care owed to one person by another person which results in damage being caused to the second person. Specifically, this same definition applies to institutions such as hospitals and clinics.
[see, www.mind.org.uk/help/rights_and_legislation/clinical_negligence/ 8-16-2012; Chapters One and Two, Personal Injury 101 (pages 1-10) and Medical Malpractice (pp. 11-18), Legal Consumer Tips and Secrets (Avoiding Debtors' Prison in the United States), by Charles Jerome Ware, former Special Counsel to the Chairman of the U.S. Federal Trade Commission (FTC), iUniverse Publishers (2011)]
A recent nationwide sampling of hospital and clinic negligence verdicts and settlements follows:
(1) $10,000,000 Verdict: MEDICAL MALPRACTICE – HOSPITAL NEGLIGENCE – FAILURE OF NURSE TO ACT UPON FIXED AND DILATED PUPIL – BRAIN ABSCESS – BRAIN HERNIATION – DEATH OF 24-YEAR-OLD ACCOUNTANT – SURVIVAL ACTION – DAMAGES ONLY.
This medical malpractice action arose from the death of a 24-year-old accountant in the defendant hospital. The defendants included the hospital, on both a corporate liability theory and for the vicarious negligence of one of its nurses, as well as an attending neurosurgeon and the doctor’s professional practice group.
(Allegheny County, Pennsylvania, 186414)
(2) Verdict over $1,000,000: Medical Malpractice - Primary Care - Clinic Negligence - Failure to properly monitor known heart valve condition - Failure to properly diagnose chest pain - Failure to refer decedent to cardiologist for follow-up care - Wrongful death of 42-year-old father.
In this medical malpractice matter, the plaintiff alleged that the defendant doctor and the defendant clinic were negligent in failing to properly diagnose and treat the decedent’s chest pain, which resulted in his death from a leaking aortic valve. The defendants denied any deviation from acceptable standards of care in their treatment of the decedent.
(Yellowstone County, Montana, 185549)
(3) Verdict almost $99,000: MEDICAL MALPRACTICE – HOSPITAL NEGLIGENCE – ALLEGED FAILURE TO ADEQUATELY TREAT INFECTION – FAILURE TO TIMELY REMOVE IN-DWELLING CATHETER – SEPTIC SHOCK – ACURE RENAL FAILURE – CEREBELLAR INFARCT – ENDOCARDITIS – WRONGFUL DEATH.
The only serious outcome or result for a plaintiff who brings a "successful" hospital or clinical negligence claim is an award of damages: i.e., money.
Generally, "negligence" is the breach of a legal duty of care owed to one person by another person which results in damage being caused to the second person. Specifically, this same definition applies to institutions such as hospitals and clinics.
[see, www.mind.org.uk/help/rights_and_legislation/clinical_negligence/ 8-16-2012; Chapters One and Two, Personal Injury 101 (pages 1-10) and Medical Malpractice (pp. 11-18), Legal Consumer Tips and Secrets (Avoiding Debtors' Prison in the United States), by Charles Jerome Ware, former Special Counsel to the Chairman of the U.S. Federal Trade Commission (FTC), iUniverse Publishers (2011)]
A recent nationwide sampling of hospital and clinic negligence verdicts and settlements follows:
(1) $10,000,000 Verdict: MEDICAL MALPRACTICE – HOSPITAL NEGLIGENCE – FAILURE OF NURSE TO ACT UPON FIXED AND DILATED PUPIL – BRAIN ABSCESS – BRAIN HERNIATION – DEATH OF 24-YEAR-OLD ACCOUNTANT – SURVIVAL ACTION – DAMAGES ONLY.
This medical malpractice action arose from the death of a 24-year-old accountant in the defendant hospital. The defendants included the hospital, on both a corporate liability theory and for the vicarious negligence of one of its nurses, as well as an attending neurosurgeon and the doctor’s professional practice group.
(Allegheny County, Pennsylvania, 186414)
(2) Verdict over $1,000,000: Medical Malpractice - Primary Care - Clinic Negligence - Failure to properly monitor known heart valve condition - Failure to properly diagnose chest pain - Failure to refer decedent to cardiologist for follow-up care - Wrongful death of 42-year-old father.
In this medical malpractice matter, the plaintiff alleged that the defendant doctor and the defendant clinic were negligent in failing to properly diagnose and treat the decedent’s chest pain, which resulted in his death from a leaking aortic valve. The defendants denied any deviation from acceptable standards of care in their treatment of the decedent.
(Yellowstone County, Montana, 185549)
(3) Verdict almost $99,000: MEDICAL MALPRACTICE – HOSPITAL NEGLIGENCE – ALLEGED FAILURE TO ADEQUATELY TREAT INFECTION – FAILURE TO TIMELY REMOVE IN-DWELLING CATHETER – SEPTIC SHOCK – ACURE RENAL FAILURE – CEREBELLAR INFARCT – ENDOCARDITIS – WRONGFUL DEATH.
This medical malpractice action was brought against a hospitalist, his employer, an infectious disease specialist and his medical group and a primary care physician following the death of the 49-year-old decedent. The plaintiff alleged that the defendants failed to adequately treat osteomyelitis of the decedent’s hip and failed to timely remove an in-dwelling catheter.
(Volusia County, Florida, 185386)
(4) Over $1,000,000 Verdict: MEDICAL MALPRACTICE – HOSPITAL EMERGENCY DEPARTMENT – PLAINTIFF IS TREATED AND SENT HOME TWICE FOR SHOULDER AND KNEE PAIN – PLAINTIFF PRESENTS THIRD TIME WITH SAME COMPLAINTS AND EXHIBITS MENTAL STATUS CHANGES – SPINAL TAP DONE – BACTERIAL MENINGITIS – STROKE – SEIZURES – HEARING LOSS – UNABLE TO RETURN TO WORK.
In this medical malpractice case, the plaintiff brought suit against the defendant hospital for failure to diagnose bacterial meningitis despite repeated visits to the emergency department.
(Cook County, Illinois, 185592)
(5) Over $1,000,000 Verdict: MEDICAL MALPRACTICE – HOSPITAL NEGLIGENCE – FAILURE TO PROPERLY SUPERVISE PHYSICIAN’S ASSISTANTS – FAILURE TO ORDER ROUTINE DIAGNOSTIC TESTING – FAILURE TO DIAGNOSE BLASTOMYCOSIS – DEATH OF 25-YEAR-OLD PATIENT.
The 25-year-old male decedent presented to the defendant health facility on two separate occasions for treatment. The first was on December 15th when the decedent presented with complaints of a ten day history of coughing and fever that failed to respond to antibiotics. The decedent presented again on December 18th with the same type of complaint and now also alleging that he was experiencing the same symptoms.
(Brown County, Wisconsin 185569)
[www.jvra.com/Verdict_Trak/professional.aspx/8-15-2012, Jury Verdict Review & Analysis; www.medicalmalpractice.com/resources/medical-malpractice]
MARYLAND NEWS UPDATES: GAMBLING AND PIT BULLS --- 2 NEW ADDICTIONS
Wednesday, August 15th, 2012. From the national general practice law offices of Charles Jerome Ware, P.A.: Still working. Still committed. Still here to make a difference.
It appears the state of Maryland has developed two new addictions: Gambling and Pit Bulls.
The Maryland General Assembly earlier today passed a measure that has been signed by the Governor which dramatically expands gambling in the state. The new law will allow a new casino in Prince George's County as well as table games such as poker and roulette gambling halls.
I predict that soon every Maryland resident will live, or work, or go to school, or go to worship within walking distance of a gambling site. 'Gambling" has won in this recent special session.
However, pit bulls and their owners have lost. For now.
A measure that the lawmakers has hoped would address and resolve liability concerns raised by landlords and pit bull dog owners relating to Maryland Court of Appeals' ruling earlier this year on dog bites by pit bulls died in this session. The Maryland House and Senate could not reconcile differences between the two chambers before the end of the session. The failure to pass the measure (the bill) means the ruling of Maryland's highest court that pit bulls and mixed-breed pitbulls are "inherently dangerous" will stand. For now.
The court ruling at issue in the case of Tracey vs. Solesky (No. 53, Sept. Term 2012) declares that pit bulls as a breed are "inherently dangerous", and that the owner of a pit bull or a cross-bred pit dog that attacks humans is strictly liable for damages, as is any landlord in Maryland who rents to a pit bull owner.
[see, (1) Tweet (Twitter) of Attorney Charles Jerome Ware, Monday, May 7, 2012; (2) Attorney Charles Ware's Blog, 'Legal Update: Maryland High Court Rules Pit Bulls 'Inherently Dangerous'", Monday, May 7th, 2012; www.myfoxdc.com/story/2012-08-15/"Dog-bite liability bill fails in Md special session"; marylandreporter.com/08-15-2012; www.baltimoresun.com/news/opinion/editorial/2012/08/15/thinking-things-through-on-pit-bulls; www.kitsapsun.com/news/2012/aug/14/md-general-assembly-oks-gambling-expansionbill]
It appears the state of Maryland has developed two new addictions: Gambling and Pit Bulls.
The Maryland General Assembly earlier today passed a measure that has been signed by the Governor which dramatically expands gambling in the state. The new law will allow a new casino in Prince George's County as well as table games such as poker and roulette gambling halls.
I predict that soon every Maryland resident will live, or work, or go to school, or go to worship within walking distance of a gambling site. 'Gambling" has won in this recent special session.
However, pit bulls and their owners have lost. For now.
A measure that the lawmakers has hoped would address and resolve liability concerns raised by landlords and pit bull dog owners relating to Maryland Court of Appeals' ruling earlier this year on dog bites by pit bulls died in this session. The Maryland House and Senate could not reconcile differences between the two chambers before the end of the session. The failure to pass the measure (the bill) means the ruling of Maryland's highest court that pit bulls and mixed-breed pitbulls are "inherently dangerous" will stand. For now.
The court ruling at issue in the case of Tracey vs. Solesky (No. 53, Sept. Term 2012) declares that pit bulls as a breed are "inherently dangerous", and that the owner of a pit bull or a cross-bred pit dog that attacks humans is strictly liable for damages, as is any landlord in Maryland who rents to a pit bull owner.
[see, (1) Tweet (Twitter) of Attorney Charles Jerome Ware, Monday, May 7, 2012; (2) Attorney Charles Ware's Blog, 'Legal Update: Maryland High Court Rules Pit Bulls 'Inherently Dangerous'", Monday, May 7th, 2012; www.myfoxdc.com/story/2012-08-15/"Dog-bite liability bill fails in Md special session"; marylandreporter.com/08-15-2012; www.baltimoresun.com/news/opinion/editorial/2012/08/15/thinking-things-through-on-pit-bulls; www.kitsapsun.com/news/2012/aug/14/md-general-assembly-oks-gambling-expansionbill]
Wednesday, August 15, 2012
MONEY LAUNDERING BY BRITISH BANK: Another Bank Debacle
The Law Firm of Charles Jerome Ware, P.A.: Still here. Still committed. Still here to make a difference.
British mega-bank, STANDARD CHARTERED, has agreed to pay New York state's top banking regulator, the 10-month old New York Department of Financial Services $340 million to settle claims that it laundered hundreds of billions in tainted money for IRAN and lied about it to regulators.
The New York regulator (DFS) had taken on the mega-bank alone when it charged that Standard Chartered schemed for nearly a decade with IRAN to illegally hide from U.S. bank regulators over 60,000 banking transactions involving IRAN and worth over $250 billion.
The 150-year old bank's problems are not over, though. It is now pursuing a so-called "collective settlement" with other U.S. regulators --- including the Federal Reserve, the Treasury Department, and the Department of Justice --- who have investigations going against the London-based bank for its questionable money-laundering transactions worldwide.
Standard Chartered has maintained that only $14 million of the $250 billion in the more than 60,000 Iranian bank transactions under scrutiny from January 2001 to the end of 2007 violated federal regulations.
Many U.S. authorities have suspected, and suggested, that Iranians have been using mega-banks such as Standard Chartered, ING bank, Barclays, etc., to finance terrorism and nuclear weapons development.
[www.nytimes.com/2012/08/15/business/standard-chartered-settles-with-new-york-for-laundering; uk.reuters.com/article/2012/08/15/uk-standard-chartered-prob; www.reuters.com/article/2012/08/15/us-standard-chartered-reaches-$340-billion-settlement-over-Iran; www.bloomberg.com/news/2012-08-15/new-york-settles-standard-chartered-probe-for-$340-million; www.guadian.co.uk/business/2012/aug/14/standard-chartered-agrees-$340m-settlement; www.bbc.co.uk/news/business/14August2012/standard-chartered-agrees-settlement]
British mega-bank, STANDARD CHARTERED, has agreed to pay New York state's top banking regulator, the 10-month old New York Department of Financial Services $340 million to settle claims that it laundered hundreds of billions in tainted money for IRAN and lied about it to regulators.
The New York regulator (DFS) had taken on the mega-bank alone when it charged that Standard Chartered schemed for nearly a decade with IRAN to illegally hide from U.S. bank regulators over 60,000 banking transactions involving IRAN and worth over $250 billion.
The 150-year old bank's problems are not over, though. It is now pursuing a so-called "collective settlement" with other U.S. regulators --- including the Federal Reserve, the Treasury Department, and the Department of Justice --- who have investigations going against the London-based bank for its questionable money-laundering transactions worldwide.
Standard Chartered has maintained that only $14 million of the $250 billion in the more than 60,000 Iranian bank transactions under scrutiny from January 2001 to the end of 2007 violated federal regulations.
Many U.S. authorities have suspected, and suggested, that Iranians have been using mega-banks such as Standard Chartered, ING bank, Barclays, etc., to finance terrorism and nuclear weapons development.
[www.nytimes.com/2012/08/15/business/standard-chartered-settles-with-new-york-for-laundering; uk.reuters.com/article/2012/08/15/uk-standard-chartered-prob; www.reuters.com/article/2012/08/15/us-standard-chartered-reaches-$340-billion-settlement-over-Iran; www.bloomberg.com/news/2012-08-15/new-york-settles-standard-chartered-probe-for-$340-million; www.guadian.co.uk/business/2012/aug/14/standard-chartered-agrees-$340m-settlement; www.bbc.co.uk/news/business/14August2012/standard-chartered-agrees-settlement]
ROBERT M. BELL, Chief Judge, Maryland Court of Appeals: The Best Of The Best
Robert M. Bell, Chief Judge of Maryland's highest court, the Court of Appeals, is now officially serving the last year of his 22-year tenure on the Court; 17 years of which he has been chief judge.
Judge Bell will be 70 in July 2013, the age at which Maryland's constitution requires jurists to retire. By any measure, he has been a successful chief judge during a long tenure. The best of the best.
Judge Bell's well-earned legacy will certainly include his very strong intellectual ability and good judgment, his impressive "spokeperson for the judiciary" role success, as well as his extremely competent administrative skills.
It should not be forgotten, however, that the Judge has been blessed with enormous energy and a tremendous penchant for hard work. He will be remembered --- and missed.
Former Maryland governor Paris N. Glendening, who appointed Robert Bell chief judge in 1996, has been quoted as saying: "I was very, very comfortable in making that appointment." For almost 17 years now, we have seen why.
Robert M. Bell, a gifted jurist, has made the job look easy. It is not.
[www.legalnews.com/detroit/1364510/DetroitLegalNews/July10,2012/
MarylandAppealsCourtChiefJudgeNearingRetirement; The Daily Record of Baltimore/Maryland Appeals Court Chief Judge Nearing Retirement/ Steve Lash/ 07/10-2012]
Judge Bell will be 70 in July 2013, the age at which Maryland's constitution requires jurists to retire. By any measure, he has been a successful chief judge during a long tenure. The best of the best.
Judge Bell's well-earned legacy will certainly include his very strong intellectual ability and good judgment, his impressive "spokeperson for the judiciary" role success, as well as his extremely competent administrative skills.
It should not be forgotten, however, that the Judge has been blessed with enormous energy and a tremendous penchant for hard work. He will be remembered --- and missed.
Former Maryland governor Paris N. Glendening, who appointed Robert Bell chief judge in 1996, has been quoted as saying: "I was very, very comfortable in making that appointment." For almost 17 years now, we have seen why.
Robert M. Bell, a gifted jurist, has made the job look easy. It is not.
[www.legalnews.com/detroit/1364510/DetroitLegalNews/July10,2012/
MarylandAppealsCourtChiefJudgeNearingRetirement; The Daily Record of Baltimore/Maryland Appeals Court Chief Judge Nearing Retirement/ Steve Lash/ 07/10-2012]
Tuesday, August 14, 2012
PENN STATE'S ACCREDITATION "IN JEOPARDY"
The Law Offices of Charles Jerome Ware, a national general practice law firm: Still working. Still committed. Still here to make a difference.
Unfortunately, sometimes when it rains it pours. Metaphorically speaking. Bad news again for Penn State.
The Middle States Commission on Higher Education (MSCHE), an accrediting organization for universities in the Mid-Atlantic region, has issued an "accreditation warning" to Penn State University that its status is "in jeopardy" because of recent and ongoing developments in the disastrous Jerry Sandusky child sex abuse scandal.
In its letter, the Commission cited information in Penn State's internal investigation led by former FBI director Louis Freeh and the severe penalties imposed by the NCAA over the school's handling of molestation allegations against the former assistant football coach, who was convicted in June of 45 child sexual abuse counts.
The Commission said in an Aug. 8 notice that Penn State remains accredited while "on warning" but it wants a monitoring report submitted by the end of next month detailing steps taken to ensure full compliance with governmental requirements, that the University's mission is being carried out, that the Commission will be fully informed and that Penn State is complying with standards on leadership and governance as well as integrity.
If the MSCHE were to pull Penn State's accreditation --- which is has not done --- the University would face loss of eligibility for federal student aid programs, guaranteed student loans, federal research, and could lose its eligibility for state aid, among other damaging repercussions.
The Commission also wants the report to address the University's ability to bear financial obligations (i.e., lawsuit settlements, verdicts, et al.) stemming from "the investigation and related settlements, etc." It said "a small team visit" will be made, a standard practice "to verify institutional status and progress."
[www.msnbc.msn.com/id/48655774/ns/us_new-life/08/14/2012; www.cnn.com/2012/08/14/US/penn-state-accreditation; www.bizjournals.com/pittsburgh/blog/morningedition/"pennstatecouldloseaccreditation"/08-14-2012; www.huffingtonpost.com/penn-state-receives-accreditation-warning/08-14-2012]
Unfortunately, sometimes when it rains it pours. Metaphorically speaking. Bad news again for Penn State.
The Middle States Commission on Higher Education (MSCHE), an accrediting organization for universities in the Mid-Atlantic region, has issued an "accreditation warning" to Penn State University that its status is "in jeopardy" because of recent and ongoing developments in the disastrous Jerry Sandusky child sex abuse scandal.
In its letter, the Commission cited information in Penn State's internal investigation led by former FBI director Louis Freeh and the severe penalties imposed by the NCAA over the school's handling of molestation allegations against the former assistant football coach, who was convicted in June of 45 child sexual abuse counts.
The Commission said in an Aug. 8 notice that Penn State remains accredited while "on warning" but it wants a monitoring report submitted by the end of next month detailing steps taken to ensure full compliance with governmental requirements, that the University's mission is being carried out, that the Commission will be fully informed and that Penn State is complying with standards on leadership and governance as well as integrity.
If the MSCHE were to pull Penn State's accreditation --- which is has not done --- the University would face loss of eligibility for federal student aid programs, guaranteed student loans, federal research, and could lose its eligibility for state aid, among other damaging repercussions.
The Commission also wants the report to address the University's ability to bear financial obligations (i.e., lawsuit settlements, verdicts, et al.) stemming from "the investigation and related settlements, etc." It said "a small team visit" will be made, a standard practice "to verify institutional status and progress."
[www.msnbc.msn.com/id/48655774/ns/us_new-life/08/14/2012; www.cnn.com/2012/08/14/US/penn-state-accreditation; www.bizjournals.com/pittsburgh/blog/morningedition/"pennstatecouldloseaccreditation"/08-14-2012; www.huffingtonpost.com/penn-state-receives-accreditation-warning/08-14-2012]
Monday, August 13, 2012
CLERGY ABUSE: Catholic and Protestant
Still working. Still committed. Still here to make a difference.
Clergy abuse of children has been, and continues to be, a problem. It should be made clear, however, that all religious groups --- catholics and protestants, muslims and jews, et al. --- experience this problem.
Society should not just focus on one religious faith. All religions as well as secular institutions should be reasonably cautious and vigilant about this serious problem in our society.
[ethicsdaily.com/07-06-2007; www.freerepublic.com/focus/f-religion/06-02-2011; legalblogwatch.typepad.com/legal_blog_watch/2009/11/why-blame-catholics-for-clergy-abuse]
Clergy abuse of children has been, and continues to be, a problem. It should be made clear, however, that all religious groups --- catholics and protestants, muslims and jews, et al. --- experience this problem.
Society should not just focus on one religious faith. All religions as well as secular institutions should be reasonably cautious and vigilant about this serious problem in our society.
[ethicsdaily.com/07-06-2007; www.freerepublic.com/focus/f-religion/06-02-2011; legalblogwatch.typepad.com/legal_blog_watch/2009/11/why-blame-catholics-for-clergy-abuse]
THE WARN ACT Problem: An Update by Attorney Charles Jerome Ware
Still working. Still committed. Still here to make a difference.
On July 30th, 2012 Jane Oates, assistant secretary for employment and training at the U.S. Department of Labor, issued a "guidance letter" advising government contractors to essentially ignore the WARN ACT, a federal law, which would normally require warning letters to certain employees by November 1st, 2012 that they may be laid-off or terminated January 1st, 2013.
The issue arises because of fears that the U.S. Congress will fail to avert the "fiscal cliff": that is, the tax increases and widespread federal government spending cuts which are currently mandated by law to occur on January 1st, 2013, thus affecting government contractors.
The WARN ACT, or the Worker Adjustment and Retraining Notification Act, is design to "protect workers, their families, and communities by requiring most employers with 100 or more employees to provide notification 60 calendar days in advance of plant closings and mass layoffs." The WARN ACT is administered by Jane Oates' Employment and Training Administration (ETA) of the Department of Labor at the federal level, and by some individual states who have their own plant closure laws.
The 12 states and localities that have passed state or local WARN acts are: California, City of Philadelphia, Hawaii, Illinois, Iowa, Maine, Massachusetts, Minnesota (voluntary compliance), New Hampshire, New Jersey, New York and Wisconsin.
[workplacechoice.org/2012/08/09/the-warn-act-dilemma; www.dol.gov/compliance/laws/comp-warn.htm; www.doleta.gov/layoff/warn.cfm; "The Worker Adjustment and Retraining Notification Act: Revising the Act and Educational Materials Could Clarify Employer Responsibilities and Employee Rights: Report to Congressional Requesters," U.S. Government Accountability Office (GAO), GAO-03-1003, Washington, D.C. (2003)]
On July 30th, 2012 Jane Oates, assistant secretary for employment and training at the U.S. Department of Labor, issued a "guidance letter" advising government contractors to essentially ignore the WARN ACT, a federal law, which would normally require warning letters to certain employees by November 1st, 2012 that they may be laid-off or terminated January 1st, 2013.
The issue arises because of fears that the U.S. Congress will fail to avert the "fiscal cliff": that is, the tax increases and widespread federal government spending cuts which are currently mandated by law to occur on January 1st, 2013, thus affecting government contractors.
The WARN ACT, or the Worker Adjustment and Retraining Notification Act, is design to "protect workers, their families, and communities by requiring most employers with 100 or more employees to provide notification 60 calendar days in advance of plant closings and mass layoffs." The WARN ACT is administered by Jane Oates' Employment and Training Administration (ETA) of the Department of Labor at the federal level, and by some individual states who have their own plant closure laws.
The 12 states and localities that have passed state or local WARN acts are: California, City of Philadelphia, Hawaii, Illinois, Iowa, Maine, Massachusetts, Minnesota (voluntary compliance), New Hampshire, New Jersey, New York and Wisconsin.
[workplacechoice.org/2012/08/09/the-warn-act-dilemma; www.dol.gov/compliance/laws/comp-warn.htm; www.doleta.gov/layoff/warn.cfm; "The Worker Adjustment and Retraining Notification Act: Revising the Act and Educational Materials Could Clarify Employer Responsibilities and Employee Rights: Report to Congressional Requesters," U.S. Government Accountability Office (GAO), GAO-03-1003, Washington, D.C. (2003)]
Thursday, August 9, 2012
CATHOLIC CHURCH INQUISITION OF AMERICAN NUNS
Still working. Still committed. Still here to make a difference.
The Catholic Church is castigating American nuns whose actions and thinking are, quite frankly, far more in tune with the actual views of American Catholics.
In April 2012, the Catholic Church's "Congregation for the Doctrine of the Faith" --- the Vatican's current version of the Inquisition --- issued a blistering assessment of the 57,000 Catholic nuns in the United States (represented by the "Leadership Conference of Women Religious" organization).
The Church's dumbfounding attack on American nuns alleged, among other things, the nuns in the United States spend too much time engaging in good deeds (doing good) and not enough time prosecuting (enforcing) the Vatican's teachings against abortion, homosexuality, and certain women's rights issues.
This is, regrettably, no joke.
American nuns are now in trouble with the Catholic Church for being, well, NUNS!
The Vatican is so disturbed that it is now planning to appoint a special prosecutor (an Archbishop Delegate) whose job will be to make U.S. nuns behave like the Vatican wants them to behave. Oops!
What do you think about this issue?
[usnews.nbcnews.com/08/07/2012/after-blistering-vatican-report-nun; www.guardian.co.uk/05-24-2012/catholic-church-inquisition; www.stltoday.com/08-08-2012/guest-commentary-awaitingthevatican]
The Catholic Church is castigating American nuns whose actions and thinking are, quite frankly, far more in tune with the actual views of American Catholics.
In April 2012, the Catholic Church's "Congregation for the Doctrine of the Faith" --- the Vatican's current version of the Inquisition --- issued a blistering assessment of the 57,000 Catholic nuns in the United States (represented by the "Leadership Conference of Women Religious" organization).
The Church's dumbfounding attack on American nuns alleged, among other things, the nuns in the United States spend too much time engaging in good deeds (doing good) and not enough time prosecuting (enforcing) the Vatican's teachings against abortion, homosexuality, and certain women's rights issues.
This is, regrettably, no joke.
American nuns are now in trouble with the Catholic Church for being, well, NUNS!
The Vatican is so disturbed that it is now planning to appoint a special prosecutor (an Archbishop Delegate) whose job will be to make U.S. nuns behave like the Vatican wants them to behave. Oops!
What do you think about this issue?
[usnews.nbcnews.com/08/07/2012/after-blistering-vatican-report-nun; www.guardian.co.uk/05-24-2012/catholic-church-inquisition; www.stltoday.com/08-08-2012/guest-commentary-awaitingthevatican]
Wednesday, August 8, 2012
PIT BULLS AND GAMBLING: Maryland's Special Legislative Session
It is expected that a new bill will be introduced on Thursday, August 9th, 2012, in the Maryland General Assembly's special session seeking to remove landlord liability for dog bites. Instead, the bill will seek to put liability for dog bites by any type of dog on their owners.
The new bill will be designed allegedly to address the Maryland Court of Appeals' ruling in April 2012 that defines pit bulls as "inherently dangerous" and subject to widespread liability for owners, landlords and others associated with pit bulls and pit bull mixes.
The special session is also expected to deal with the boiling issue of expanded gambling in Maryland.
[baltimore.cbslocal.com/08-03-2012; www.wbal.com/article/92667/78; FederalNewsRadio.com]
The new bill will be designed allegedly to address the Maryland Court of Appeals' ruling in April 2012 that defines pit bulls as "inherently dangerous" and subject to widespread liability for owners, landlords and others associated with pit bulls and pit bull mixes.
The special session is also expected to deal with the boiling issue of expanded gambling in Maryland.
[baltimore.cbslocal.com/08-03-2012; www.wbal.com/article/92667/78; FederalNewsRadio.com]
Medical Malpractice Cases Update: Attorney Charles Jerome Ware
Still working. Still committed. Still here to make a difference.
The following nationwide survey of medical malpractice settlements and judgments represents only a summarized fraction of these cases as presented very recently, and as studied by this law firm this week.
If you believe you have a medical malpractice, dental malpractice, or wrongful death case, contact us immediately by telephone or email:
Ph: (410) 730-5016
Ph: (410) 720-6129
Email: CharlesJeromeWare@MSN.com
Website: www.CharlesJeromeWare.com
(1) Over $2,000,000 Recovery:
MEDICAL MALPRACTICE – ANESTHESIOLOGY – ADVERSE REACTION TO EPIDURAL INJECTION DURING LABOR AND DELIVERY – SUFENTA ADMINISTERED IN TEST DOSE INTO SUBARACHNOID SPACE RESULTS IN BRAIN DAMAGE TO 25-YEAR-OLD.
The following nationwide survey of medical malpractice settlements and judgments represents only a summarized fraction of these cases as presented very recently, and as studied by this law firm this week.
If you believe you have a medical malpractice, dental malpractice, or wrongful death case, contact us immediately by telephone or email:
Ph: (410) 730-5016
Ph: (410) 720-6129
Email: CharlesJeromeWare@MSN.com
Website: www.CharlesJeromeWare.com
(1) Over $2,000,000 Recovery:
MEDICAL MALPRACTICE – ANESTHESIOLOGY – ADVERSE REACTION TO EPIDURAL INJECTION DURING LABOR AND DELIVERY – SUFENTA ADMINISTERED IN TEST DOSE INTO SUBARACHNOID SPACE RESULTS IN BRAIN DAMAGE TO 25-YEAR-OLD.
In this medical malpractice matter, the 25-year-old female plaintiff alleged that the defendant hospital and its anesthesiologist were negligent for injecting the patient with Sufenta into the subarachnoid space which resulted in an adverse respiratory response and brain damage. The defendants denied the allegations of breach of the standards of care.
(Cook County, Illinois)
(2) Verdict over $1,000,000:
ANESTHESIOLOGY MALPRACTICE - FAILURE TO CLEARLY LABEL SPINAL CATHETER - BOLUS OF PAIN MEDICATION CAUSES ARRHYTHMIA - CARDIAC ARREST - INTUBATION - WRONGFUL DEATH AT AGE 87.
This case involved the allegation that the defendant anesthesiologist was negligent in failing to adequately communicate and clearly mark the decedent’s catheter as a spinal catheter (delivering medication directly to the spinal fluid) as opposed to an epidural catheter (delivering medication to the epidural space inside the bony spinal canal but outside the membrane called the dura mater). (Pennsylvania)
(3) Over $1,000,000 RECOVERY:
MEDICAL MALPRACTICE - ONCOLOGY - NEGLIGENT FAILURE TO CONDUCT ADEQUATE BLOOD TESTING WHEN BREAST CANCER PATIENT TAKING TAMOXIFEN SHOWS SIGNS OF JAUNDICE - LIVER FAILURE - NEED FOR LIVER TRANSPLANT - PATIENT REMAINS FREE OF CANCER TEN YEARS AFTER DIAGNOSIS.
This was a medical malpractice action involving a female plaintiff, age 55 at the time of the alleged malpractice. The plaintiff underwent a modified radical mastectomy following a relatively early diagnosis of breast cancer and began a regime of Tamoxifen to reduce the chances of metastasis. The plaintiff contended that the defendant initial oncologist negligently failed to conduct adequate blood testing, thus eventually leading to liver failure.
(New York)
(4) Over $1,000,000 Verdict:
MEDICAL MALPRACTICE - NEGLIGENT FOLLOW-UP CARE BY VASCULAR SURGEON AND ORTHOPEDIC SURGEON WHO HAD PERFORMED VENOUS BYPASS SURGERY ON ________ RIGHT ARM - NEGLIGENCE BY ORTHOPEDIC SURGEON AND INFECTIOUS DISEASE PHYSICIAN IN PRESCRIBING MEDICATION FOR SUBSEQUENT FUNGAL INFECTION WHICH INTERACTED DANGEROUSLY WITH ANTICOAGULATION MEDICATION PLAINTIFF WAS TAKING - NEGLIGENCE BY LABORATORY WHICH FAILED TO EFFECTIVELY REPORT CRITICALLY ABNORMAL RESULT OF ________ ANTICOAGULATION LEVEL - HEMORRHAGE IN ________ RETROPERITONEAL SPACE CAUSING PARALYSIS AND PERMANENT NEUROPATHIC PAIN AND WEAKNESS.
The defendant orthopedic surgeon and the defendant vascular surgeon performed venous bypass surgery on the right arm of the 53-year-old male plaintiff. Both defendants treated the plaintiff postoperatively. After the bypass surgery, the plaintiff was prescribed Coumadin, a blood thinner that provided anticoagulation therapy.
(Massachusetts)
[www.jvra.com/Verdict_Trak; www.CharlesJeromeWare.com]
IMMIGRATION NEWS UPDATE:
IMMIGRATION NEWS UPDATE: The new "deferred action" filing fee for certain undocumented immigrants will be $ 465. USCIS will begin accepting applications for "consideration of deferred action" on August 15, 2012. (English)
IMMIGRATION NOUVELLES MISE À JOUR: Le nouveau tarif "différé d'action" de dépôt pour certaines sans-papiers sera de 465 $. USCIS va commencer l'acceptation des demandes pour "l'examen de l'action différée» le 15 Août, 2012. (French)
INMIGRACIÓN ACTUALIDAD: La nueva "acción diferida" cuota de presentación para ciertos inmigrantes indocumentados será de $ 465. USCIS comenzará a aceptar solicitudes para la "consideración de la acción diferida" en la 15 de agosto 2012. (Spanish)
INVANDRING NEWS UPDATE: mpya "deferred hatua" ya kufungua jalada kwa ajili ya ada ya wahamiaji wasiokuwa na nyaraka zinazotakiwa fulani itakuwa ni $ 465. USCIS itaanza maombi ya kukubali kwa ajili ya "kuzingatia hatua zinazotofautiana" juu ya Agosti 15, 2012. (Swahili)
IMMIGRAZIONE NEWS UPDATE: Il nuovo "azione differita" tassa di deposito per alcuni immigrati irregolari sarà di $ 465. USCIS inizierà di accettare le domande per "l'adozione dei provvedimenti differita" il 15 Agosto 2012. (Italian)
IMMIGRACIÓ ACTUALITAT: La nova "acció diferida" quota de presentació per a certs immigrants indocumentats serà de $ 465. USCIS començarà a acceptar sol · licituds per a la "consideració de l'acció diferida" a la 15 agost 2012. (Catalan)
IMMIGRATION NOUVELLES MISE À JOUR: Le nouveau tarif "différé d'action" de dépôt pour certaines sans-papiers sera de 465 $. USCIS va commencer l'acceptation des demandes pour "l'examen de l'action différée» le 15 Août, 2012. (French)
INMIGRACIÓN ACTUALIDAD: La nueva "acción diferida" cuota de presentación para ciertos inmigrantes indocumentados será de $ 465. USCIS comenzará a aceptar solicitudes para la "consideración de la acción diferida" en la 15 de agosto 2012. (Spanish)
INVANDRING NEWS UPDATE: mpya "deferred hatua" ya kufungua jalada kwa ajili ya ada ya wahamiaji wasiokuwa na nyaraka zinazotakiwa fulani itakuwa ni $ 465. USCIS itaanza maombi ya kukubali kwa ajili ya "kuzingatia hatua zinazotofautiana" juu ya Agosti 15, 2012. (Swahili)
IMMIGRAZIONE NEWS UPDATE: Il nuovo "azione differita" tassa di deposito per alcuni immigrati irregolari sarà di $ 465. USCIS inizierà di accettare le domande per "l'adozione dei provvedimenti differita" il 15 Agosto 2012. (Italian)
IMMIGRACIÓ ACTUALITAT: La nova "acció diferida" quota de presentació per a certs immigrants indocumentats serà de $ 465. USCIS començarà a acceptar sol · licituds per a la "consideració de l'acció diferida" a la 15 agost 2012. (Catalan)
Tuesday, August 7, 2012
QUINCE (15) CONSEJOS PARA GANAR CASOS DE INMIGRACION
Inmigración actualización: acción diferida para inmigrantes indocumentados.
El Gobierno Federal ha anunciado, a partir 15 de agosto 2012 [NO se debe aplicar antes de 15 de agosto 2012!] Que ciertos inmigrantes indocumentados que llegaron a Estados Unidos como "ninos" y cumplir con una serie de pautas clave podrá solicitar la consideración de la acción defeered por un período de 2 anos, sujeto a renovación, a continuación, sería elegible para la autoizacíon de trabajo.
Para obtener máa información e instrucciones, póngase en contacto con el USCIS.
El Gobierno Federal ha anunciado, a partir 15 de agosto 2012 [NO se debe aplicar antes de 15 de agosto 2012!] Que ciertos inmigrantes indocumentados que llegaron a Estados Unidos como "ninos" y cumplir con una serie de pautas clave podrá solicitar la consideración de la acción defeered por un período de 2 anos, sujeto a renovación, a continuación, sería elegible para la autoizacíon de trabajo.
Para obtener máa información e instrucciones, póngase en contacto con el USCIS.
QUINCE (15) CONSEJOS PARA GANAR CASOS DE INMIGRACION
Extractos del libro más vendido de
inmigración,
“LA PARADOJA DE LA INMIGRACION: Quince (15) Consejos
para Ganar Casos de Inmigración”
Por
Abogado Charles Jerome Ware
WWW.CHARLESJEROMEWARE.COM
Ex Juez de Inmigración de Estados
Unidos
Monday, August 6, 2012
SCAMS ON LAWYERS: UPDATE
Keep the conversation going.
Lawyers, like the general public and every other profession in the United States, are victims of SCAMS too.
I first reported on the 2011 $31 million scam of over 80 law firms in the U.S. and Canada by Nigerian national Emmanuel Ekhator in my book, Legal Consumer Tips and Secrets (Avoiding Debtors' Prison in the United States), page 120, Chapter 11, iUniverse Publishers (2011).
Since August 2011, things have gotten worse. Increasingly, law firms are becoming top prey for predatory email scammers who are successfully exploiting lawyers' eagerness to take on new clients through the Internet.
For example, creating elaborate stories that often involve real companies or properties, scammers say they live abroad and need help collecting money from a debtor or a legal settlement. They ask the lawyers to wire the funds to bank accounts overseas, after taking a cut in fees for their services.
The settlement checks mailed to lawyers' offices and accompanying documents, such as insurance paperwork, appear to be authentic. Phone numbers and other contact information on the documents lead back to scammers who pose as employees and vouch for their legitimacy, authorities say.
Even after doing due diligence, some lawyers fail to discover the scam. They deposit the check into the firm's trust account—a special account for client funds—subtract their fee, and then wire the balance to an overseas bank account, before the law firm's bank realizes the check is a fake or can stop the wire transfer.
It is estimated by U.S. Postal Inspector Louis Di Rienzo, supervisor of a U.S. Postal Service cross-border mail-fraud team, that U.S. and Canadian law firms have been scammed out of at least $70 million this way since 2009.
[see, Legal Consumer Tips and Secrets, by Charles Jerome Ware, Chapter 11, iUniverse Publishers, 2011; online.wsj.com/article/"InEmail,ScammersTakeAimtAtLawyers"]
Lawyers, like the general public and every other profession in the United States, are victims of SCAMS too.
I first reported on the 2011 $31 million scam of over 80 law firms in the U.S. and Canada by Nigerian national Emmanuel Ekhator in my book, Legal Consumer Tips and Secrets (Avoiding Debtors' Prison in the United States), page 120, Chapter 11, iUniverse Publishers (2011).
Since August 2011, things have gotten worse. Increasingly, law firms are becoming top prey for predatory email scammers who are successfully exploiting lawyers' eagerness to take on new clients through the Internet.
For example, creating elaborate stories that often involve real companies or properties, scammers say they live abroad and need help collecting money from a debtor or a legal settlement. They ask the lawyers to wire the funds to bank accounts overseas, after taking a cut in fees for their services.
The settlement checks mailed to lawyers' offices and accompanying documents, such as insurance paperwork, appear to be authentic. Phone numbers and other contact information on the documents lead back to scammers who pose as employees and vouch for their legitimacy, authorities say.
Even after doing due diligence, some lawyers fail to discover the scam. They deposit the check into the firm's trust account—a special account for client funds—subtract their fee, and then wire the balance to an overseas bank account, before the law firm's bank realizes the check is a fake or can stop the wire transfer.
It is estimated by U.S. Postal Inspector Louis Di Rienzo, supervisor of a U.S. Postal Service cross-border mail-fraud team, that U.S. and Canadian law firms have been scammed out of at least $70 million this way since 2009.
[see, Legal Consumer Tips and Secrets, by Charles Jerome Ware, Chapter 11, iUniverse Publishers, 2011; online.wsj.com/article/"InEmail,ScammersTakeAimtAtLawyers"]
IMMIGRATION BREAKING NEWS: DEFERRED ACTION FOR UNDOCUMENTED CHILDHOOD ARRIVALS!!!
Through a new program or process announced by the Secretary of Homeland Security on June 15th, 2012, certain undocumented immigrants who came to the United States as "children" (defined as under the age of 31 as of June 15th, 2012) and who demonstrate that they meet the guidelines outlined below may request consideration of deferred action for childhood arrivals for a period of 2 years, subject to renewal, and may be eligible for employment authorization.
Individuals may request consideration of "deferred action" for childhood arrivals if:
(1) They were were under the age of 31 as of June 15, 2012;
(2) They came to the United States before reaching your 16th birthday;
(3) They have continuously resided in the United States since June 15, 2007, up to the present time;
(4) They were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
(5) They entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
(6) They are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
(7) They have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
IMPORTANT NOTICE!!!
Individuals may begin to request consideration of deferred action for childhood arrivals on August 15, 2012. Please do not file before August 15. If you file early, your request will be rejected. Individuals can call USCIS at 1-800-375-5283 with questions or to request more information on the deferred action for childhood arrivals process or visit www.uscis.gov.
[see, www.uscis.gov/portal/site/"DHSOutlinesDeferredActionforChildhoodArrivalsProcess/08-03-2012; www.jdsupra.com/legalnews/"DeferredActionforChildhoodArrivals:
CISWillPublishApplicationFormsAugust15,2012"; www.miamiherald.com/08-03-2012/"YoungUndocumentedImmigrantsMustApplyFor"DeferredAction""]
Individuals may request consideration of "deferred action" for childhood arrivals if:
(1) They were were under the age of 31 as of June 15, 2012;
(2) They came to the United States before reaching your 16th birthday;
(3) They have continuously resided in the United States since June 15, 2007, up to the present time;
(4) They were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
(5) They entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
(6) They are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
(7) They have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
IMPORTANT NOTICE!!!
Individuals may begin to request consideration of deferred action for childhood arrivals on August 15, 2012. Please do not file before August 15. If you file early, your request will be rejected. Individuals can call USCIS at 1-800-375-5283 with questions or to request more information on the deferred action for childhood arrivals process or visit www.uscis.gov.
[see, www.uscis.gov/portal/site/"DHSOutlinesDeferredActionforChildhoodArrivalsProcess/08-03-2012; www.jdsupra.com/legalnews/"DeferredActionforChildhoodArrivals:
CISWillPublishApplicationFormsAugust15,2012"; www.miamiherald.com/08-03-2012/"YoungUndocumentedImmigrantsMustApplyFor"DeferredAction""]
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