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Scottsdale Personal Injury Blog

Suit: Staten Island hospital had secret C-section consent policy

A Brooklyn woman has sued Staten Island University Hospital (SIUH), claiming that the hospital has a secret policy reserving the right to overrule women's decisions about getting C-sections. She claims that she wanted a natural birth and begged for more time, but her doctor decided on a C-section despite her lack of consent for the procedure.

The policy, which is outlined in an article in the Guardian, allows SIUH doctors to overrule a mother's lack of consent when they determine there is a "reasonable possibility of significant benefit" for the fetus that "outweigh[s] the possible risks to the woman."

7 examples of bad faith in claims handling by insurance companies

Insurers are required by law to handle claims in good faith, which means properly investigating them, negotiating reasonable payouts and settling them in a timely fashion. When insurance companies use dishonest or unfair tactics, they can be held to account in what is called a bad faith insurance action.

Unfortunately, insurers sometimes fail in their duty to act in good faith. If you experience bad faith by an insurance company, you should call a lawyer. But how do you know if a company's actions are in bad faith?

Jury returns $6.5 million verdict for Adelman German client

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In 2012, an Arizona man suffered a traumatic brain injury that made him unable to continue working. Not only did he suffer from physical disabilities, the injury ultimately led to debilitating mental health issues requiring multiple hospitalizations.

He was receiving disability benefits under a policy he had purchased in 1995, when his disability insurance company suddenly stopped making payments, claiming that it saw no evidence of impairment in his medical records. This news -- and his complete loss of benefits -- was financially and emotionally devastating to the man, his wife and their two young daughters.

New fatality in rear-ended Jeep may show problem with recall

In 2013, the National Highway Traffic Safety Administration agreed to a recall fix involving several older Jeep Liberty and Grand Cherokee models. According to safety advocates, that fix was insufficient. Now, a woman is dead after her Jeep Liberty caught fire after being rear-ended at an intersection.

NHTSA has linked over 50 deaths to an issue with the two Jeep models. The problem, the agency concluded, was that the fuel tanks were vulnerable to leaks after rear-end collisions because the tanks were mounted between the bumper and rear suspension of the vehicles. Fiat Chrysler, Jeep's parent company, claims there is no defect and that the vehicles meet all federal safety requirements.

Will your insurance company deny your disability claim?

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Cancer, a heart condition, severe arthritis and mental health issues are some of the most common causes of career-ending disabilities. While some jobs can be performed with work condition modifications, the high-functioning business professionals cannot fall back on simple accommodations. Nor can they switch easily to a new line of work.

This is why many business owners, medical professionals and self-employed individuals purchase private disability insurance policies. In the event of a disability, a private policy is supposed to provide benefits if you are unable to perform the duties of your chosen profession. Unfortunately, many disability claims are denied.

Study: Many nurses lack crucial information about postpartum care

A recent study published in MCN: The American Journal of Maternal/Child Nursing found that many American nurses -- even those with advanced degrees who specialize in maternal and infant care -- lack critical knowledge about postpartum complications. For example, nearly half were unaware that the maternal mortality rate in the U.S. has risen in recent years.

Over the past few months, ProPublica and NPR have been reporting on maternal and infant health. A number of mothers who nearly died reported that their doctors and nurses seemed slow to recognize potentially complications from childbirth. This study substantiated their reports.

Will genetic sequencing lead to more denied insurance claims?

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If you think that DNA testing has revolutionized medical care and criminal identification, just wait to see what it may mean for your insurance coverage.

Genetic testing has advanced far beyond DNA tests that help identify biological fathers and criminals who leave evidence behind. You can order a test kit online and even find out the genetic makeup of your mixed-breed dog these days.

Several types of birth injury can be caused by medical errors

You may be wondering what could have happened to cause your baby to develop a potentially disabling condition such as shoulder dystocia, Erb's palsy or cerebral palsy.

The more you know about birth injuries and their causes, the better your chance of getting an answer to that urgent question.

Burglar causes damage but insurance company won't pay

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It was a nightmare. Burglars ransacked the home of a single dad and his five kids, who were all under the age of 12. Not only did they steal a lot of personal property, they left the tap running in the bathtub, flooding the family's house.

The homeowner filed a claim with his insurance company, Ameriprise Insurance, requesting $134,000 in repairs for the water damage. Despite providing evidence of his claim -- including a detailed police report of the burglary -- his claim was denied. In fact, Ameriprise, also known as IDS Property and Casualty Co., began investigating him for fraud within a week of the crime.

Professionals', athletes' long-term disability claims turned down

When professionals, business owners and professional athletes try to make claims against their long-term disability insurance, they are often denied. Many are denied illegitimately and in bad faith. That's illegal.

Insurance companies spend millions on surveillance of potentially expensive claimants. They hire experts to prove that claimants aren't really disabled. They assert that claimants are required to get a job outside their field instead of making a claim on the long-term disability insurance they've paid for all these years -- even though the policy says they don't have to do that.

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