Category Archives: Blog posts

Military hospitals – medical malpractice

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medical malpractice

Should military hospitals be liable for gross medical mistakes, for medical malpractice? A case with local ties once again asks that question in the heartbreaking death of Navy Lt. Rebekah Moani Daniel in childbirth.

She entered Navy Hospital Bremerton in March of 2014 with her husband Coast Guard Lt. Cmdr. Walter Daniel. According to the details provided by the Kitsap Sun she bled to death after an easy birth of their daughter, Victoria. Among other medical errors the lawsuit charges that a hospital doctor waited 90 minutes past the standard set to order a transfusion. Yet, Lt. Cmdr. Daniel is barred from suing the hospital for this egregious error.

This death is tragic and simple compassion makes us all long for justice for Walter and his daughter. Justice is certainly a reason for suing, when we are harmed by someone’s carelessness or incompetence. Yet, these personal injury and medical malpractice lawsuits are the means to set penalties for malpractice.  They motivate medical facilities to make changes in their practices that will increase the safety of all of us.

Workers Compensation and Medical Malpractice

In 1950, the Supreme Court ruling in Feres prevents troops from suing the government for injuries deemed incidental to military service. How is the birth of a baby “military service”? Courts and the government argue that the military equivalent of civilian workers compensation provides sufficient compensation for injuries due to medical malpractice. Workers compensation prevents civilian workers who are injured on the job from suing their employers in exchange for payments from the insurance fund. Yet, nowhere in civilian employment are medical malpractice injuries covered by workers comp. Thus, this discrepancy can translate to less accountability in military hospital practices.

Did an attorney fail to take your case?

The attorney in this case is taking a real chance in bringing suit, as is the husband. Our court system requires that previous decisions by the Supreme Court sets the rule in similar cases. The person suing can be charged for the expenses of the winning side, if the judge decides that there was no basis to file the lawsuit. Lawyers take personal injury cases without charge, taking a percentage of the ultimate court award. The number of hours an attorney can put in can mean financial ruin for him or her. So they take a serious risk when they take on a case with an established Supreme Court rule.

Each attorney makes an individual assessment. If one lawyer won’t take your case, whether injuries from an auto accident, a slip and fall, a faulty product or medical malpractice, consider asking another experienced personal injury attorney about your case. The initial consultation is always free.

John Groseclose, Partner, GSJones Law Group, P.S.

 

 

Are Judges solely responsible for biased judicial decisions?

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Judicial bias

by John Groseclose, Litigation Attorney

In the national debate about mandatory minimums, biased judicial decisions and whether a judge should have discretion in sentencing someone that is found guilty or pleads guilty to a crime, it is very difficult to compare what occurred.  I have been told that one of the most effective methods of activism is to tell stories.

Get the facts to the public and then the public can help campaign for change. The explosion of social media and our digital society allows a pretty good platform.

 

There was a great blog post I saw that compared the Stanford swimmer (white) with the Nashville athlete (African American).  One person faces 6 months and the other 15 years.  Guess which athlete faces the harshest punishment?

A lot of factors lead to a judge’s sentencing decision

Yet, is it that simple? This article examines the differences in the law in the two communities, as well as the differing actions of the prosecutors.

It is too simple to just look at what the judge does.  We all need to look at how the police investigate crimes and how prosecutors make charging decisions.  Some reports have pointed out that the judge in the Stanford case has a record of following the recommendation of the pre-sentencing reports. There are plenty of data to indicate racial bias at every level of the criminal justice process.

The end result (A sentencing) is the result of decisions made at every level. Reform and change start at the bottom of the pyramid which still needs a lot of work. And all of us have responsibility for the changes needed.

U-Visas for undocumented crime victims and families

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U.S. U-Visa

By Michele Taylor, Immigration and Criminal Defense Attorney

Please help spread the word, U-Visas are for undocumented crime victims and their families. They allow the U-Visa holder to work and remain in the US for 4 years and also qualify immigrants to apply for permanent resident status. Undocumented folks are often targeted by criminals because they believe that without papers the victims will be too afraid to report the crime. It has been reported that many victims of the Orlando massacre were immigrants from Puerto Rico and some may be without documentation.

Although it takes a great deal of courage, reporting the crime and assisting in prosecution can mean that you can be granted a visa and permanent resident status. Your parents, children and spouse may also qualify. When you report crimes to authorities you help the whole community by helping to reduce crime. If the crime resulted in the death of a close family member surviving family members may also receive U-Visas.

You will usually have better results with an experienced immigration attorney at your side, particularly one with experience with the criminal justice system. The process requires law enforcement who is handling the criminal case to verify the crime and your help. Understanding of the role of law enforcement in the process varies greatly among different law enforcement agencies. Many undocumented crime victims report that their U-Visa applications are never processed by the police. If you decide to go it alone, you may print this document from the Department of Homeland Security that educates law enforcement about their duty in the process. Be prepared to find a way to exert pressure over the law enforcement agency. They are far more likely to just not process the form than to deny it outright. This is an important way that an attorney can make a big difference.

The document also lists most of crimes that apply. Please note that one of those crimes is peonage which is  forcing people to provide free labor to pay off real or imagined debt. It also applies to survivors of domestic violence. Contact us if you have a question about whether or not you qualify.

Chalmers Johnson settlement for “trash out” victim

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GSJones Law Group, Chalmers Johnson, was featured on a recent KOMO TV news segment on the illegal activities of “trash out” companies. Chalmers negotiated a settlement with Safeguard Properties for Byron Brassfield of Port Townsend. There are dozens of lawsuits against Safeguard filed every year for illegally entering foreclosed properties while the owners are still legally in possession and throwing away all the owners belongs, including mementos, photos and in one case even the urn containing a loved one’s ashes. Byron’s home was not even foreclosed when they broke into it and took everything to the dump.  Click here for the news story.

Chalmers loves getting compensation for people who have been injured or suffered serious wrongs. He would love to talk with you, if you need a strong attorney who will fight for you.

John Groseclose, Kitsap County neighbor

Meet John Groseclose, Kitsap County neighbor

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Meet John Groseclose, one of your Kitsap County neighbors at the GSJones Law Group in Port Orchard and Silverdale, where he is a partner. He is an active member of the community, currently serving as the president of Kitsap Legal Services. He joined the board five years ago after volunteering for several years. The housing justice project, which he helped to form, is a particular favorite. “I was concerned that there was no way in Kitsap County to help people who were being evicted. Kitsap County lacked the clinic available in nearby counties,” he said. Continue reading →

From Jingle Bell Runs to Boston Marathon to Ultras, Ginger is…

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Ginger-Boston-Marathon

a running Maniac (that’s a thing).

GSJones Law Group legal assistant Ginger Gruber is off to Boston this weekend to once again participate in the Boston Marathon. Here she is wearing her medal at the finish line of the  2006 Boston Marathon. She ran her first marathon in 2001. This will be her 70thmarathon or longer race. She has done Ultras as long as 12 hour races, winning both of them at 69 miles in 12 hours. Her marathon PR (personal record ) is 3:16:11 at Winthrop Marathon. Continue reading →

uninsured motorist coerage

Do you have Uninsured Motorist Coverage

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Sometimes when I ask if people have uninsured motorist coverage people say they have FULL COVERAGE.

Sometimes what they really have is liability coverage.  Meaning they have what is legally required to drive.  Liability coverage pays another driver for their losses if you are at fault. It does not cover the damage to your car or your injuries.

There are a lot of people driving around without any insurance at all.  What would you do if your car had $2,500 in damage and you had hospital bills of $3,000.00 and the person that caused the accident had no job, no insurance, no license and was just generally unaccountable? Uninsured/underinsured coverage comes to the rescue in this situation.

Coverages summarized

Bodily injury liability covers other people’s bodily injuries for which you are responsible.  Property damage liability covers you if your car damages someone else’s property.  These coverages come with maximum limits that you choose at the inception of your policy. Liability coverages don’t protect your car in any way, so that is why you purchase physical damage coverages.

Uninsured property damage covers damage to your own car if the at fault driver has no insurance.

Uninsured motorist coverage steps into the shoes of at at fault party’s coverage if they had no coverage.

Talk to your insurance agent.  See if you have the coverage that you need.  If you are not sure, ask the agent to explain it in detail.  It is really not difficult to incur $5,000.00 in property damage and $5,000.00 in hospital bills.  Take steps to protect yourself and make informed decisions.

Do not let someone tell you that you have full coverage without knowing exactly what they mean by the reference.

Collision insurance covers damage to your automobile caused by a collision with another object or by upset. Comprehensive insurance covers damage to your vehicle for damages caused by things other than collisions, such as vandalism, theft, or glass breakage.

Most lienholders require physical damage coverage if you are financing or leasing your vehicle.  These coverages each come with a deductible, an amount due before your insurance benefits kick in.

Now is a great time to settle with the IRS

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taxes

In the last 30 days, four clients were able to settle with the IRS, when it accepted our Offers in Compromise.  If you owe back taxes, now is the time to explore this option. An Offer in Compromise allows a taxpayer with IRS debt to offer to pay what he can afford. If the IRS believes the offer is equal to or more than it could collect from the taxpayer, it will settle. These taxes include income taxes (1040), payroll taxes, trust fund penalties, and more.

$75 settled $30,000 IRS debt

For example, one of our clients had no equity in their home and their monthly necessary living expenses equaled or exceeded their monthly income.  In that case, the amount that the IRS was convinced that they could collect from our clients was zero. The IRS accepted our offer to pay $75.00 to cancel over $30,000 in taxes.

I have been doing offers in compromises for more than 20 years since the program first began. Without a doubt, this is one of the most favorable times to get an offer accepted that I have experienced. If you want to explore this option, give me a call.

by Norm Short, Tax and Business Law Attorney