September 2007

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The Mesquite, Texas police department has created a unique Web site that allows anyone to register the serial numbers of valuable property such as televisions, stereos, etc. The police can then scan the database when they recover property they suspect has been stolen.

This service is available free, and is open to anyone in the world, not just residents of Mesquite.

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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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 FOR THE RECORD


Medicare Says It Won’t Pay For Medical Errors In The Future

This is an expansion of a subject first mentioned in last month's newsletter.

Medicare will no longer pay for medical bills resulting from doctor or hospital negligence. Specifically, Medicare will no longer pay the extra costs of treating preventable errors, injuries and infections that occur in hospitals. Private insurers are considering similar changes.

This could save millions of dollars for Medicare, but my hope is that it will cause doctors and hospitals to be more careful with patients, and make fewer medical errors. Unfortunately, as personal injury lawyers have learned over many years, the quickest way to get hospitals to provide better patient care is to make it costly for them not to do so. Now, if they're not going to be paid for correcting their negligence, maybe they will commit fewer errors.

Among the conditions that will be affected are bedsores, or pressure ulcers; injuries caused by falls; and infections resulting from the prolonged use of catheters in blood vessels or the bladder.

In addition, Medicare says it will not pay for the treatment of “serious preventable events” such as leaving a sponge or other object in a patient during surgery and providing a patient with incompatible blood or blood products.

Some of the complications for which Medicare will not pay, under the new policy, are caused by common strains of staphylococcus bacteria. Other life-threatening staphylococcal infections may be added to the list in the future, Medicare officials said.

The Centers for Disease Control and Prevention estimates that patients develop 1.7 million infections in hospitals each year, and it says those infections cause or contribute to the death of 99,000 people a year — about 270 a day.

Hospitals now may do more testing of patients upon admittance, to see if there are pre-existing infections. The hospitals would not, of course, be liable for infections that patients already had before going to the hospital.

Hospitals and doctors are forbidden by law to bill patients for portions of medical bills that Medicare refuses to pay. So this rule change could not result in patients being billed for additional charges just because Medicare refuses to pay.

Dr. Kenneth W. Kizer, an expert on patient safety who was the top health official at the Department of Veterans Affairs from 1994 to 1999, said: “I applaud the intent of the new Medicare rules, but I worry that hospitals will figure out ways to get around them. The new policy should be part of a larger initiative to require the reporting of health care events that everyone agrees should never happen. Any such effort must include a mechanism to make sure hospitals comply."

The new rules might not be perfect, and may be amended somewhat. But overall, this should be a major victory for medical patients and their advocates. If doctors and hospitals know that they won't be paid for their mistakes, there will be a natural instinct for them to make fewer errors in the future.

 FOR YOUR INFORMATION
Elderly Texas Drivers Must Get Licenses Renewed In Person

A new Texas law, referred to as "Katie's Law" went into effect September 1, 2007, and imposes new requirements on elderly drivers. Drivers aged 79 and older will have to renew their driver licenses in person, rather than over the Internet or through the mail. And drivers 85 and older will have to renew their licenses every two years, and also must pass a vision test.

The law is named for Katherine "Katie" Bolka of Dallas. She died after a 90-year-old driver ran a red light and hit her vehicle at a Dallas intersection in 2006.

There is no requirement in the new law for elderly drivers to take a driving test, and drivers do not have to renew their licenses before the current expiration date.

The Dallas Morning News recently listed arguments for and against the new law:

SUPPORTERS SAY:
• Restrictions would make the road safer by forcing older drivers to demonstrate their continuing fitness to drive.

• Insurance company data shows that drivers 80 and older are often high risks because their vision and reflexes have deteriorated.

• As the population ages, more older drivers will be on the road, so the restrictions are a good first step to ensuring safety.

OPPONENTS SAY:
• The state should focus safety efforts on drivers of all ages, not just the elderly.

• Research shows that drivers younger than 25 have higher accident rates than elderly drivers.

• Singling out elderly drivers threatens their independence and well-being.

• Elderly residents and their families should determine their fitness to continue driving.

 FEATURED EMPLOYEE

Tommy K. Davis
Attorney

E-mail: tdavis@kraftlaw.com
 

Mr. Davis attended Texas A&M University and Abilene Christian College. He received his law degree in 1982 from the Texas Tech School of Law. Mr. Davis is a former U.S. Marine who served in Viet Nam. Before joining this law firm in 1990, Mr. Davis had extensive experience at other local personal injury firms. He has practiced in several areas of injury law and now concentrates his practice on Social Security Disability claims. Mr. Davis has represented Social Security Disability claimants in several thousand hearings before Administrative Law Judges.

 FEATURED CASE

Teamsters Protest Allowing Mexican Trucks Into United States

Our law firm see many cases involving collisions with 18-wheelers, or "big-rigs." The Teamsters' union and truckers in general have been protesting the recent change in U.S. policy that now allows Mexican trucking companies to drive anywhere in the United States. Previously, the law required Mexican trucks to drive no farther than about 25 miles into Texas, and somewhat farther into Arizona. The change is a part of NAFTA, the North American Free Trade Agreement.

While there very well may be economic self-interests at play in these protests, the Teamsters say their primary concern is the safety aspect of allowing Mexican trucks onto U.S. highways.

The United States plans to grant permission to approximately 100 Mexican trucking companies by the end of 2007. As part of a one-year pilot program intended to discover whether it would be safe to eventually allow all Mexican trucking companies into the U.S.

Despite assurances from the government  of the United States that all Mexican trucks will be inspected for drugs and for illegal immigrants, that the trucks will meet safety regulations, and that the drivers will be well-trained, there is considerable uncertainty about this new proposal among many Americans.

Because the main highway from Mexico into the U.S. runs through the Texas cities of Laredo, San Antonio, Austin, Waco, Dallas, and Fort Worth, we may find out soon whether Texas drivers will be exposed to unusual dangers from the Mexican trucks.

 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. We can help you, your family or friends with any Immigration question.

Our law firm represents people who have immigration problems of any kind, whether family-based immigration or employment-based immigration.

We also 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 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 that first phone call to us.

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