January 2006

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Veterans Benefits

There has been a lot of publicity recently about the almost shameless way this country treats our veterans. For details on all types of veterans' benefits and on news affecting veterans, visit the Web site of the Department of Veterans Affairs.


Medical Records

This Dallas Morning News article about carrying your health records with you, or storing your records online, provides useful advice. There are sources listed for memory chips containing your medical records, Web sites where information can be stored and accessed by anyone to whom you give permission, and forms available on the Internet for you to fill out and carry in your wallet or purse.

Free Legal Advice?

Yes, at Kraft & Associates we are glad to provide our clients and friends with free information on a variety of subjects. If you want details about how to lower your automobile insurance rates, Texas Workers' Compensation law or Social Security Disability claims, please contact us and we will send you any of these brochures without charge or obligation.
 



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  Dallas, TX 75207
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 FOR THE RECORD


Emergency Room Care in Texas

The American population is aging, and at the same time, more and more of us are being forced to go without health insurance. That means the burden on hospital emergency room care is increasing. Some states do a much better job than others in providing this emergency room care.

The American College of Emergency Physicians has done a recent study of ER care and has given each state a grade. You can find your state's grade by clicking on this map.

I was surprised to see that Texas has a grade of "C" in this study, because emergency room care in Texas is a cruel joke to the poor people who are forced to seek such care. Then I read the Texas report, and learned the reason Texas was graded so highly. The emergency room joke is even more cruel than I thought. Texas received extra points because we have the most restrictive medical malpractice laws in the country!

Here are some excerpts from the report:

● Texas Compared with the Nation: Texas ranked 21st in the nation with an overall C grade for its support of an emergency care system to meet the needs of its residents. Its score was helped by an outstanding grade for its Medical Liability Environment. No state performed better in that important category than the Lone Star State. But Texas' overall grade was hurt by a poor performance in Access to Emergency Care.

Problems: Texas has the highest rate of uninsured residents in the nation. Considering uninsured patients often wait until they are very sick before turning to emergency departments for care, the state's hospitals provide a great deal of uncompensated medical services, yet the state's spending on hospital care ranks near the bottom in the nation (41st). The lack of funding further reduces resources for already overcrowded emergency departments. This is evident in the state's shortage of board-certified emergency physicians (44th) and registered nurses (48th) available to meet the needs of its residents.

● Texas also fell below average in the categories of Quality and Patient Safety and Public Health and Injury Prevention. The state fell short in its percentage of population with access to advanced life support ambulance services (47th) and its percentage of pre-hospital personnel with access to online medical direction (42nd). Texas also ranked in the bottom 10 in immunization of children and seniors.

● Good News: Texas is the paragon for medical liability reform due to its $250,000 cap on non-economic damages. In addition, state lawmakers have adopted helpful measures such as liability protection in emergency care and joint liability reform.

So there you have it -- in the opinion of Emergency Room physicians, the fact that Texas ranks among the bottom ten states in every category measured by this study is offset by the fact that Texas is the hardest place in the nation to make a successful claim for medical malpractice.

In other words, Texas is one of the states where a patient is most likely to be a victim of emergency room malpractice, but is the very state where that victim is least likely to make a recovery in court for the damages suffered. Amazing.

 FOR YOUR INFORMATION

Sport Utility Vehicles Do Not Protect Against Whiplash Injuries

Our law firm has represented thousands of people who have suffered the serious injury frequently referred to as "whiplash." There is reason to believe whiplash injures may become more common as more and more people buy sport utility vehicles and pickup trucks.

The Insurance Institute for Highway Safety recently completed a study of SUVs and pickup trucks, and found only six seat and head restraint combinations in 44 SUV models earned good ratings for whiplash protection. None of the restraint systems in 15 pickup models posted good marks. Here are some excerpts from the report:

● "Manufacturer advertising often emphasizes the rugged image of SUVs and pickups. However, the institute's evaluations show seats and head restraints in many models wouldn't do a good job of protecting most people in a typical rear impact in everyday commuter traffic," said Adrian Lund, the group's president.

● Seats in only six vehicles -- all SUVs -- earned the highest rating in the IIHS analysis, including the Ford Freestyle, Honda Pilot , Jeep Grand Cherokee, Land Rover LR3, Subaru Forester, and Volvo XC90.

● Seats and head restraints in big SUV sellers like the Ford Explorer, Toyota 4Runner and Chevrolet TrailBlazer rated poor, as did the Chevy Silverado pickup and some seats in the Ford F-150 and Dodge Dakota pickups.

● Neck injuries are the most-common serious injuries reported in U.S. car crashes, accounting for 2 million insurance claims totaling at least $8.5 billion annually, the insurance group said.

 FEATURED EMPLOYEE

Kandy Ross
Social Security Secretary

E-mail: kandyr@kraftlaw.com

Ms. Ross is an El Paso native who recently moved to the Dallas area. She joined our law firm in 2001 and she works in our Social Security Department. Ms. Ross handles new disability claim intakes, assisting clients with claims at the initial level. She also deals with the Social Security Administration when our clients have problems getting their benefits paid in a timely manner.

 

 FEATURED CASE

Children May Be No Safer In Sport Utility Vehicles

Our law firm has represented hundreds clients who were injured in vehicle collisions while driving or riding in Sport Utility Vehicles. Unfortunately, many of those injury victims were children. The trend in recent years is for parents to purchase SUVs because the parents feel they and their children are safer in these larger vehicles in the event of a collision. However, a new study shows this belief may not be true.

The medical journal Pediatrics has an article in its January edition that states children are no safer riding in sport utility vehicles than in passenger cars, largely because the doubled risk of rollovers in SUVs cancels out the safety advantages of their greater size and weight.

Researchers said the findings dispel the bigger-equals-safer myth that has helped fuel the growing popularity of SUVs among families. SUV registrations climbed 250 percent in the U.S. between 1995 and 2002.

The study was sponsored by Partners for Child Passenger Safety, a research project of Children's Hospital of Philadelphia and the world's largest insurer, State Farm Insurance Company. The researchers looked at accidents involving nearly 4,000 children under age 16 between 2000 and 2003, and found child injury rates of 1.7 percent in both cars and SUVs.

The study found that the extra weight of SUVs enhanced safety, reducing the risk of injury by more than a third. But that was offset by findings that SUVs were more than twice as likely as cars to roll over in crashes. Children in rollovers were three times more likely to be seriously injured than those in non-rollover accidents, according to the study.

Here is the conclusion of this important study: "Despite the greater vehicle weight of SUVs, the risk of injury for children in SUVs is similar to that for children in passenger cars. The potential advantage offered by heavier SUVs seems to be offset by other factors, including an increased tendency to roll over. Age-appropriate child restraint and rear seat positioning are important, particularly for children in SUVs, given the very high risk of injury for children restrained inappropriately in rollover crashes."
 HOW CAN WE HELP YOU?
Our law firm has helped thousands of clients over the years. Sometimes clients who use our firm for one type of case may not realize that there are other legal problems we could help them solve.

We handle most types of injury claims — including automobile collisions, "slip and fall" cases, injuries suffered as a result of defective products, injuries resulting from inadequate security, medical malpractice claims, nursing home negligence claims, prescription drug injuries and many others. We invite you to call us about any serious injury to see how we can help you.

Kraft & Associates also represents people who have been denied their Social Security Disability benefits. We can help at the Initial stage, the Reconsideration stage or the Hearing stage.

Our firm represents people who have been injured on the job and are making a claim for workers' compensation. We help people who have problems regarding family issues, such as divorce, child support, adoption, modifications, enforcements, attorney general disputes, paternity and other similar matters. We also represent clients who have been arrested or charged with committing a crime.

Please feel free to call us with any legal questions you may have. If we cannot represent you, we will attempt to refer you to another attorney or to a government agency that can help you. There is never any charge or obligation for our initial consultation.

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DISCLAIMER: This newsletter is presented by Kraft & Associates for informational purposes only, and not as legal advice.