Do I Have A Case?

Personal injury cases occur in a wide variety of situations and legal categories, including automobile and truck wrecks, medical malpractice, catastrophic injuries, wrongful death, premises liability, nursing home abuse and neglect, and products liability. With such a large range of cases fitting under the umbrella of personal injury, potentially implicating different laws and standards, it can be extremely difficult to determine if one has a viable case. However, this is often the question negligence victims and their families face in unfortunate, unexpected and sometimes heartbreaking situations.

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With each personal injury case and set of circumstances being uniquely different, it is important to have a competent lawyer review the matter to determine if there is a case. An experienced personal injury lawyer will gather, review and analyze the facts and relevant law to determine whether or not there is cause of action or remedy for the injured party or family. While the details are specific to each situation, there are three basic questions that generally should be considered in reviewing a potential personal injury claim.

Did negligence occur?

An experienced lawyer will look at all facts involved in a potential personal injury case to determine whether or not a mistake or what the law calls “negligence” occurred. Given the multitude of situations potentially giving rise to a legal injury claim, there are many variables and factors that must be reviewed to determine if the responsible party may be held legally liable for a negligent act. Those factors can be very different from one case to another. For example, a determination of negligence in a premises liability case involving a slip and fall depends upon superior knowledge of the landowner or proprietor of a hazardous condition that caused the injury. On the other hand, the standard of care to determine liability in a nursing home abuse or malpractice situation is generally that same care which other healthcare providers would have provided under similar circumstances, as determined by an appropriate medical professional. These tests and the resulting analyses of liability in a particular case are dramatically different.

Did the negligence directly cause a personal injury?

Assuming a mistake or negligent act occurred, the next inquiry is whether that mistake directly caused or contributed to the victim’s injury. While seemingly commonsense, this question can be quite tricky legally, and the analysis will be quite different from case to case. For example, in a situation of nursing home abuse and negligent care resulting in infected bedsores, one must prove that the bedsores and resulting infection and damages were directly caused by a lack of proper patient and skin care, and not some other source (such as a person’s pre-existing health conditions or infection resulting from a pathogen). Or in a premises liability case involving negligent security, a question to be asked and answered might be whether the landlord’s failure to provide adequate security was the legal cause of the client’s injuries, or whether a criminal act or some other event was the direct cause of injury. Again, an experienced personal injury lawyer can properly assess legal causation issues that could affect a case.

Do the injuries warrant a legal case?

While injuries can vary from incident to incident, in general the severity or permanence of the injury may dictate whether a legal claim or lawsuit can be economically pursued. Some cases, such as wrongful death, are generally presumed to have significant damages that are sufficient to warrant prosecution of an expensive, time and resource-consuming case such as a medical malpractice lawsuit against a doctor or hospital. But what about an automobile wreck where the victim had low back pain that soon resolved with conservative treatment such as physical therapy and resulted in relatively small medical bills. Does that situation warrant taking a case to trial where the jury or judge might award medical bills and perhaps only a little more for pain and suffering? On the other hand, a motor vehicle collision resulting in broken bones, brain trauma or internal injuries could have very significant damages making it economically feasible to litigate and try a case with problematic or weak liability. Properly and realistically evaluating damages (based on the lawyer’s experience and knowledge) is an important aspect of the overall assessment of any personal injury case.

No matter the situation, if a personal injury occurred, it is essential for an experienced personal injury lawyer to consider the facts and evidence involved. The trial attorneys at Brownstein and Nguyen have decades of experience consulting with injury victims and successfully handling personal injury cases in Atlanta and throughout Georgia. If you or a loved one has suffered a personal injury – no matter how severe – and would like to find out if you have a case, contact Brownstein and Nguyen. Personal injury consultations are always free.

Healthcare Whistleblower Claims Based on Self-Referral Arrangements

In an effort to improve and maintain integrity in our healthcare system, Congress passed the Stark Law (also known as the Efforts in Patient Referrals Act) and Anti-Kickback Statute (AKS). These laws, modified over the years, and regulations enacted under them prohibit certain referral arrangements and payments, or kickbacks, for the referral of designated health services (DHS).

When receiving medical care, patients expect doctors to uphold the ideal of the hippocratic oath and to make treatment decisions based solely on a determination of the patient’s best interests. Unfortunately, some doctors and healthcare providers violate the public trust by engaging in illegal referral or kickback schemes motivated by profit, not the well-being of patients. The Stark Law and Anti-Kickback Statute exist to prevent and punish such arrangements. These laws not only protect patients, but under the False Claims Act they allow the government (through qui tam lawsuits filed by private citizens) to recover taxpayer dollars unjustly received by healthcare providers who choose to abuse the system.Whistleblowing

A recent example of a healthcare whistleblower lawsuit involving the very type of abuses the Stark Law and AKS were designed to address is the case of U.S. ex rel. Baklid-Kunz v. Halifax Hospital Medical Center and Halifax Staffing, Inc. In that case, filed in 2009 by Halifax Hospital’s former director of physician services, the hospital was accused of improperly compensating medical oncologists and neurosurgeons for referring patients to the hospital for procedures. The government sought to recover over $34 million in fraudulent Medicare claims it claimed resulted from an unlawful compensation plan where doctors received bonuses based on the profits of the hospital’s medical oncology department. With treble damages and substantial civil penalties under Stark Law, the total award against the hospital could have topped $1 billion. In March 2014, on the eve of trial, the hospital agreed to pay $85 million to settle the case. Daniel Levinson, Inspector General for the U.S. Department of Health and Human Services, commented that “[p]atients deserve to know that recommendations are based on sound medical practice, not illegal financial relationships between providers.”

Whistleblowing in the healthcare field and claims based on self-referral arrangements are explored more in-depth in Healthcare Whistleblower Claims Based on Self-Referral Arrangements, an article co-authored by Atlanta attorneys Jay Brownstein and Kevin Little. In it, the authors describe the important role the Stark Law and Anti-Kickback Statute play in maintaining the integrity of our healthcare system.

If you have questions or concerns about healthcare whistleblowing, contact Brownstein & Nguyen today for a consultation.

Keys to Success in Starting Your Own Business In Atlanta

You’ve worked hard pursuing your dream of owning your own business. But you may not see potential legal pitfalls that could sidetrack or completely derail your new venture. That is to be expected, since you likely do not have the legal training or experience necessary to recognize legal issues affecting a particular business. At Brownstein and Nguyen, we specialize in business law and business litigation. We have over 25 years of experience working with small business owners and have seen first-hand the benefits of anticipating and proactively addressing legal issues upfront. Unfortunately, we have also seen the consequences of failing to setup a business with appropriate legal measures in place.

Keys to SuccessThere are four key questions that every small business owner should absolutely know the answers to. This may mean a little more work up front. But expending the time and effort in the beginning is a small price to pay, compared to the headaches and pain you will avoid in the future.

Are my documents in order?

Whether running a brick and mortar or virtual business, it is critical that all necessary licenses, applications, and agreements are properly completed, in place and complied with. Depending on the business, this could include entering into a business lease agreement; applying for all necessary city, county and state licenses; compliance with zoning, labor, tax and other local or state regulations; and registration of business documents.

How should I set up my business?

It is important to clearly define whether you are going into business as an individual or with partners, and consequently what legal business model best suits your needs. There is no “one size fits all” model for starting a business, and our lawyers at Brownstein and Nguyen can help determine if your business would be best established as a sole proprietorship, corporation, limited liability company (LLC), or partnership. Regardless of the entity form, it is imperative that all necessary incorporation or other establishment documents and agreements be prepared and executed by all necessary parties.

What about employees?

If you will be employing individuals, it is important to make sure that employment policies and manuals and, if applicable, employment agreements, be properly setup or reviewed. As with any business agreement, terms and expectations of employees must be clearly defined and communicated to employees. In addition, a business must comply with all state and federal employment regulations including employee classification and compensation (wage and hour laws), payroll filings, unemployment laws, etc.

What if our business needs to end?

Many business owners choose to dissolve their business for various reasons. Whether a change in the economy, the sale of a company, or a change of direction, it is important that an agreement be worked out in advance. Consider making sure that your legal documentation covers upfront the “what ifs” of business closure or dissolution.

If you are planning to start a business in Atlanta or Georgia, or already own a small business and want to make sure that you are legally covered, contact Brownstein and Nguyen for a consultation. You will receive the benefit of our years of experience, legal knowledge and practical advice to help your business avoid common legal mistakes.

Personal Injury Myths

Lawyer and attorney jokes are commonplace. Contrary to popular belief, most lawyers do have a sense of humor. However, many jokes and the underlying public’s negative perceptions serve to perpetuate damaging myths about personal injury lawyers and cases that are simply not true. For our civil justice system to work for everyone, it is important that the public be well-informed. So, we would like to take a moment to address a few common myths that we hear.

Dishonest Lawyer-Not at Brownstein and Nguyen

1. Personal injury lawyers are ambulance chasers

Not all lawyers are the same. Some spend enormous amounts of money on advertising, whether on television, buses, or the internet. Unfortunately, some ads are tasteful while others are not. Although advertising is legal, paying a non-lawyer a referral fee for a case is not. Unfortunately, there are lawyers who use runners and similar unlawful schemes to obtain clients. The majority of competent, highly-skilled lawyers – the kind you would want handling your case – must rely primarily on their reputation, experience and personal referrals to maintain their practices. At Brownstein & Nguyen, we have over 25 years of experience representing plaintiffs and personal injury clients. Our clients come to us from attorney and other referrals based on our reputation and results. We pride ourselves in our ethics and professionalism, and never engage in dishonest or improper means in obtaining clients.

2. Personal injury lawyers are only interested in making money

Our founding attorneys have built our practice around just a few areas of law, including personal injury law. While a law practice is a business, our case selection decisions are not based solely on economics. We don’t take on every case. However, many of the personal injury cases we do take for well-deserving clients are risky and difficult, and have often been rejected by other lawyers. We take on these cases because our primary objective and priority is helping people whose lives have been disrupted, sometimes even shattered, as a result of an automobile accident, medical malpractice, or other injury. Our goal is to make sure that our clients will be taken care of financially in order to help piece together their lives after a tragic event.

3. If my injuries are minor, I do not need a personal injury lawyer

Even seemingly minor injuries may necessitate hiring an attorney. Many times, an auto accident may not seem major; perhaps it looks like just a fender bender. However, if a car has sustained damage, there’s a good chance that the persons involved may have experienced an injury, as well. This is because of physics and the forces involved in collisions between steel objects weighing several thousand pounds and movable human objects inside of them. Often, muscle and other soft-tissue strains, sprains or soreness are not felt until several days after a collision. Even more serious injuries may not be discovered until days, weeks or even months later. If you or a loved one is in a truck or car wreck, you should first and foremost seek medical treatment for your injuries, without delay.

4. Personal injury lawyers are dishonest and can’t be trusted

Reputable lawyers play by the rules, not only in how they obtain clients but also in how they handle cases. Lawyers are bound by strict professional rules of ethics and are subject to harsh discipline, including suspension or even disbarment, for violating those rules. Lawyers are also considered officers of the court and owe duties of candor and honesty to clients, parties, opposing counsel, and the courts. At Brownstein & Nguyen, we cherish our professional reputation as honest and ethical attorneys , and would never do anything to damage our reputation as premier personal injury lawyers in Atlanta. We tell clients the hard truths about their cases; we are professional and respectful in our dealings with opposing parties and counsel; and we use facts and evidence to aggressively and honestly represent our clients and uphold the truth. We win cases, the right way.

If you or someone you know has experienced a personal injury due to an automobile or trucking accident, medical malpractice, elder abuse or other negligence and would like a free consultation, contact Brownstein and Nguyen personal injury attorneys in Atlanta. With our years of expertise, our reputation, and our willingness to represent the injured and needy in tough cases, we promise you will receive the attention and high caliber legal representation you deserve.

The Race Against the Clock for Immigrant Children

Time Waiting for ImmigrationImagine that a high school senior has put in all the time and effort to make it to graduation. Years of hard work have put the star student on track for graduation with honors and a full scholarship to the college of his choice. Everything progresses toward the exciting conclusion of this chapter in this young man’s life…until the day he is called into the principal’s office and told he could not graduate. He is at a loss for words and understanding. How could this happen? The principal explains that he cannot graduate because the final assignment for his senior English language arts class was not graded and reported. But it is not that he failed to turn in the assignment on time or that his work was not good; in fact, he turned it in early and it was outstanding. The problem is that his teacher simply did not get through the stack of essays she had to grade in time to meet the graduation deadline. As a result, the senior’s work is deemed incomplete and he is forced to start the year all over.

Fortunately, the above is just an illustrative scenario and not a real life example. It is cut and dried as to where the fault lies – the student suffered as a result of the actions of others. It seems inherently unfair and unjust. But justice and fairness are notions frequently involved in the debate over the interpretation of laws, where the decisions of the few affect the many.

Similar to the scenario above, there is a real-life situation unfolding in immigration law that potentially could affect thousands of young immigrants with their whole lives ahead of them. They have submitted the proper paperwork and waited in line for their “graduation” or in this case, the granting of their very own visa. They, too, are in a race against the clock. But instead of counting down the days until graduation, the clock ticks until until age 21 when they will “age out” of the visa line they are waiting in.

The U.S. Supreme Court recently handed down its decision in Scialabba v. Cuellar de Osorio, a case involving minor children included as dependent beneficiaries in their parent’s visa petitions for permanent resident status but who turned 21 before the petitions could be decided by the government. The law at issue, the Child Status Protection Act, was passed by Congress in 2002 to protect immigrant children from the harsh consequences of “aging out” (or no longer being considered a child) and thus being denied immigrant benefits when their parents finally obtain visas. Siding with the government, the Supreme Court’s interpretation of a specific provision of the CSPA means that minor children of immigrant petitioners who age out before their parents can obtain visas will no longer receive the “priority date” given their parents, but instead must go to the back of the line and wait all over again for visas to become available. In other words, immigrant children will get no credit for the time (often many years) their parents spent waiting for visa petitions to be processed.

The above case highlights just one example of how complex, challenging and daunting navigating immigration law can be. If you or someone you know is facing a potentially life-changing immigration issue or problem, we’re here to help. With over twenty years of experience in immigration law in the Atlanta, Georgia area, the attorneys at Brownstein Nguyen are more than equipped to guide you through the legal process – whether you are seeking a visa, appealing a denial, adjusting status, or defending a removal or deportation case brought by the government. Please contact us for an immigration law consultation today.

Also, don’t forget to follow Brownstein and Nguyen on Facebook, Twitter, and Google + for other news and information regarding immigration.

Fast Food Law

In the lightening-quick internet age, options abound for simple, fast solutions to everyday problems. However, what’s quick and easy isn’t always complete or adequate. For example, when running late after a hectic, long day there are plenty of options for a quick meal including fast food drive-through and grocery store prepared meals. Problem solved! The family’s fed at a reasonable price, and everyone still made it to the soccer or baseball game or wherever else they needed to be on time.

Fast Food LawSwinging through the fast food lane might be okay in a pinch. But for obvious health reasons, you probably wouldn’t want to do it on a regular basis.

While it’s easy to understand that fast food is typically not healthy, the same can be said of “fast food” law. Yes, the drive-through mentality of fast and cheap has found its way into legal services. With the click of a button, an LLC can be formed, and according to the American Bar Association it may not be long before unhappy spouses can stop in at Walmart for a divorce. In Ontario, Canada, there are five quick-stop law firms located within Walmart stores. While divorce services have yet to be added and law offices are not present in stateside Walmarts, the chances of both coming to fruition are good.

Axess Law currently offers online legal services for a variety of legal issues associated with different aspects of life. The site map neatly categorizes the services that they offer. While they claim to fill the gap and make access to legal expertise affordable for those who may not otherwise have access, it is important to exercise caution when dealing with such options.

Online and big-box retail models of legal services might be appropriate for relatively simple legal matters, such as notarizing documents. But for more complicated matters, one is left wondering how much personal attention and true legal expertise a matter would receive. Skilled lawyers are specially trained and experienced in identifying and addressing the myriad legal issues that may be presented by individualized circumstances. Just as with fast food, one-size fits-all legal help might appear to be a quick and cheap solution. But in the end, it may not be the best solution. For one example of just how costly this approach can be, read the story about the legal battle caused by a poorly drafted online will here.

At Brownstein and Nguyen, we believe legal care should be accessible to all. We also understand that a one-size-fits-all model does not work for the law practice areas that we specialize in. As premier immigration, personal injury, and business litigation attorneys in Atlanta, we provide high quality legal expertise and individualized attention that affords each client the necessary help they need and deserve. Contact us today for your legal needs in Atlanta, GA.

Special Care Units and Memory Care Units

Memory CareHe sits and stares out the window, lost in his own thoughts. Even though he is here in this place, in this time, in front of that window, his thoughts have taken him somewhere else. He is not entirely aware that the world he sees exists only in his mind in another time and place, not the one he is physically living in.

This may describe a regular occurrence for your father, grandfather, aunt or uncle, or other family member suffering from Alzheimer’s Disease or dementia. For many, memory loss, dementia, or Alzheimer’s symptoms can be devastating and lead to the loss of independence. As individuals lose the ability to place themselves in the proper time and place, they may struggle to maintain daily tasks such as preparing meals, managing medication, household chores, and self care. When this happens, many families find themselves facing the difficult decision of placing a loved one in a care facility.

There is more to consider for the overall care and well-being of a loved one suffering from Alzheimer’s or dementia when choosing a care facility. You will still want to research, visit facilities and ask questions, but you will want to do all of this with memory care in mind. Many facilities offer a special wing or floor devoted to memory care. This portion of the facility is specifically designed and staffed with the needs of patients experiencing memory loss, dementia, and Alzheimer’s. In searching for a facility, you will want to ask if the facility offers a Memory Care Unit or a Special Care Unit (SCU).

According to gerontologist Sara Shelton of Seattle Care Solutions, Special Care Units offer a higher ratio of staff to residents than other types of care. Staff for Special Care Units typically have specialized training. In addition, these facilities may offer activity-based patient programs designed specifically for memory care patients. Many units also include secured exits for the safety of patients who may become disoriented and attempt to leave, as well as visual cues that make it easier for patients to navigate their surroundings.

The Alzheimer‘s Association suggests that when researching and visiting Memory Care or Special Care Unit options, you should ask for a special care unit disclosure form. This form is required for state licensing purposes in order for a facility’s unit to qualify as a Memory Care Unit or Special Care Unit. Requirements vary from state to state, and the disclosure form will detail what specific plans and procedures are in place for the facility to qualify as a Special Care or Memory Care Unit.

At Brownstein & Nguyen, we have years of experience dealing with the difficult legal situations and medical complications that arise in cases of nursing home neglect and elder abuse, including those involving patients suffering from memory loss or dementia. Call or contact us today so that we can help you.

The Affordable Care Act and Whistleblower Lawsuits

Qui Tam Whistleblower ClaimsThe stated goal of the Affordable Care Act (ACA), also known as “Obamacare,” is to make healthcare affordable for the general public. With healthcare spending in the U.S in 2013 totaling $3 billion dollars, and projected to rise 6% annually, one can understand that healthcare costs are quite burdensome for individuals, families, and businesses.

While the ACA as a whole has received much media attention, one important aspect of the act has not. This portion of the law involves the enhancement of the False Claims Act (FCA) by which qui tam or whistleblower lawsuits are brought by individuals. These lawsuits bring fraudulent billing and other false claims in the healthcare industry to light. The FCA enables the government, with the help of private whistleblowers, to recover significant dollars that were fraudulently claimed as healthcare expenses. In 2013, some $2.6 billion was recovered from healthcare fraud cases.

While qui tam or whistleblower cases may be risky, whistleblowers do have an incentive to come forward with information regarding false claims and fraud against the government. Whistleblowers can receive 15-30% of what the government is able to recover as a result of a qui tam or whistleblower lawsuit. In 2013, FCA whistleblowers received $345 in incentive awards. This financial incentive is necessary to encourage private individuals to come forward, often at great personal sacrifice and expense, with information that helps taxpayers recoup billions of dollars lost annually to healthcare fraud, and to help ensure that fraud is minimized in these cases.

For more information regarding false claims and other fraudulent conduct the FCA prohibits healthcare facilities, providers, and drug manufacturers from engaging in, take a look at the The Affordable Care Act and Qui Tam Whistleblower Claims. This concise article, co-authored by Atlanta attorney Jay Brownstein, is quite informative on the topic.

Does healthcare insurance lower mortality rates?

The death rate in Massachusetts dropped following the 2006 adoption of mandatory healthcare insurance. Is this a coincidence, or is mandatory healthcare insurance responsible for the decreased mortality rate?

Is preventative care key?The New York Times reports that from a recent study of mortality rates in Massachusetts, which compares the death rates to counties with similar populations outside the state, we don’t yet know the answer to the question. However, the study, published in the Annals of Internal Medicine, provides some evidence that healthcare insurance may be closely linked to reducing mortality.

With coverage now being more widely available and accessible to those who would otherwise be uninsured, doctors and hospitals have observed a difference in the willingness of patients to pursue treatment. The New York Times referenced multiple reports by doctors in which uninsured patients would delay or forego medical care and treatment. More often than not, the ultimate reason they chose to do so was the financial cost involved. Unfortunately, medical conditions for some untreated patients grew into more serious (and costly) health issues that might have been avoided had treatment been sought early on.

As alluded to by the study, if more patients have healthcare insurance, they are more likely to pursue and receive preventative care, which leads to a healthier population, reduces overall healthcare costs, and relieves taxpayers of the burden of government care for the uninsured. It further suggests that to be effective, healthcare insurance must be within the financial means of families and individuals. Unfortunately, our current healthcare delivery system allows for hidden and questionable healthcare expenses that continually drive costs higher, making it unreachable for many.

If you, your family, or a loved one believe you have been overcharged, denied proper treatment or provided unnecessary treatment in connection with insurance or billing issues, you may have legal rights to pursue justice. Contact Brownstein and Nguyen, your Atlanta healthcare whistleblower attorneys, for assistance regarding healthcare coverage issues, medical expenses and billing fraud.

What should you do if you are the victim of medical malpractice?

Ask Key QuestionsAll patients have certain rights and responsibilities as outlined by the National Health Council. The saying “a patient is his own best advocate” is true. For the best possible healthcare, a patient should be informed and take the initiative. Investigating and asking questions about general care, health issues and potential procedures is necessary to be proactive regarding one’s health. Having all questions answered before a major or even minor procedure is especially important.

While medical professionals are highly trained and strive to provide the best care possible, medical errors do occur in the healthcare industry. Medical malpractice encompasses a variety of areas and can include many types of errors or mistakes made by a doctor, surgeon, nurse, or other healthcare provider.

If you are a loved one has suffered from medical malpractice, or even suspect that wrongdoing may have occurred, here are a few important suggested steps to follow:

1. Gain access to medical records

It is important to gain prompt access to complete medical records relating to a procedure or event, including the healthcare provider’s records and hospital or facility records. A timely legal and medical review of relevant records must be done to determine if malpractice occurred. Contact medical professionals, hospitals or other facilities involved so that records can be promptly obtained after suspected malpractice has occurred. The law has strict time limits on bringing claims for malpractice; obtaining all records as soon as possible is a critical part of the process.

2. Ask key questions

Not only is it important to be proactive about one’s health before a medical procedure, but it is equally important to be proactive afterwards. If a medical outcome is not as expected or hoped, or there is any uncertainty, ask your doctor or medical professional specific questions to determine if a problem exists and how it might be remedied. If you’re unsatisfied with any answers, seek a second opinion from another medical  professional. Again, as the patient you are your own best advocate.

3. Contact an attorney

Since malpractice laws vary from state to state, it is highly recommended that an experienced attorney be contacted if malpractice is suspected. The medical malpractice attorneys at Brownstein and Nguyen have over 20 years of experience in medical malpractice cases in the greater Atlanta metropolitan area. They will review your case free of charge, discuss your potential claim(s), and provide expert legal advice regarding your options.

Contact Brownstein and Nguyen regarding any medical malpractice questions or concerns that you may have.