Country Singer Sues Dentist

Country Singer Sues Dentist

Lee Ann Rimes

Misdiagnosis or more commonly known as medical practices are costly medical mishaps. Often, these cases occur when a medical professional gives the wrong medical advice or prescribe the wrong drugs or treatment. In many cases, the errors can lead to long-term disability, serious injury and even wrongful death.

Doctors in across the United States have medical malpractice insurance which covers them of liabilities in case of such an eventuality. Victims should know that they too have rights that allow them to sue medical practitioners who committed careless negligence. That is exactly what a famous country singer did on Valentine’s Day.

Lee Ann Rimes filed a medical malpractice lawsuit against her dentist claiming that a recent dental visit resulted in the wrong diagnosis. The dentist allegedly gave her substandard veneers and crowns. The dental procedure led to severe tooth pain, gum inflammation and bleeding.

Because of the malpractice, Rimes is claiming that the dentist botched her singing career citing her ability to perform is significantly compromised. She is seeking general damages, money for wages lost due to her inability to sing and recompense for medical expenses and other emotional and psychological injuries.

The country star is claiming that she had to have multiple root canals, bone grafting and other surgical procedures done to her mouth. She also stated that she had to undergo physical therapy after suffering a permanent cosmetic deficiency. The singer have cancelled all her schedules but is looking to resume performing once re-treatment is complete, albeit with a different dentist.

Unlike other victims of medical malpractice, the incident didn’t result in anything fatal. However, it did have an impact on a great singer's professional career.

About The Author

Victor Dela Casa is a Filipino-Canadian who spent over a decade working as a business professional in Canada. Worked in IT, finance, marketing, international trade, public service, project management and the maritime industry. Degree in Economics from the University of the Philippines and Honours Diploma from Eastern College. Currently based in the Philippines and working as a professional writer for a multi-national business processes firm.

Tags: Valentine's Day, medical malpractice lawsuit, Lee Ann Rimes

Reckless Driver Kills Player's Relatives

Reckless Driver Kills Player's Relatives

You can’t have a major sporting event in America without the prerequisites: plenty of food, good people and, of course, an unlimited supply of alcohol. This year’s Super Bowl marks the first time in almost two decades that a California team returns to the “big game” which was held in New Orleans.

As Bourbon Street happily welcomed Tailgaters America for a good ole Creole feast of jazz music, rye whiskey and crayfish jambalaya, the mix of Super Bowl excitement and southern merriment can lead to a tragic fatal accident the next morning like one that happened to a Los Angeles couple on their way back from watching the game live.

The aunt and uncle of San Francisco’s very own Delanie Walker were killed the day after the Super Bowl in an early morning crash on Interstate 10. They were the victims of what police believes to be a case of negligence and drunk driving.

According to sources, the couple, from Pomona in Los Angeles County, where driving back to California when they stopped on the shoulder of the interstate. The accused drunk driver veered off the highway into the victims. Both vehicles burst into flames. The accused got out only with minor injuries but the couple was found dead after the fire was put out.

Investigators believed that the Texas woman was impaired at the time of the accidents. The woman is charged with two counts of vehicular homicide, driving while intoxicated and reckless operation of a motor vehicle. She is currently held in a local Parish prison.

Alcohol-impaired driving accounts for the death of more than 10,000 people in 2010. California and Texas leads the U.S. for the most reported cases and deaths. Despite, efforts to encourage designated driving, bar key-keeping and a zero tolerance policy for all drunk drivers, the cases are increasing each year.

About The Author

Victor Dela Casa is a Filipino-Canadian who spent over a decade working as a business professional in Canada. Worked in IT, finance, marketing, international trade, public service, project management and the maritime industry. Degree in Economics from the University of the Philippines and Honours Diploma from Eastern College. Currently based in the Philippines and working as a professional writer for a multi-national business processes firm.

Originally written for Lee Arter Personal Injury, posted on 20 Feb., 2013

Tags: negligence and drunk driving, Super Bowl, zero tolerance policy, tragic fatal accident

Fired Over Obama

Fired Over Obama

A person’s political affiliation shouldn’t be a ground for termination. Yet, there are still cases wherein employers will coerce employees to vote for a candidate they believe is good for their business. The act of impairing an employee’s career over political disagreements is considered wrong and inappropriate.

Two hours from Columbia, in Dayton, a defense contractor and its president is being named in a wrongful termination lawsuit. A woman was fired for voting for President Barack Obama in the recently concluded presidential elections. The President favors policies that discourage or lowers government spending on defense.

The lawsuit claims that the company’s president threatened to terminate employees if Obama gets re-elected and that supporters would be fired first. It also claims that the woman is paid $12 an hour with no overtime pay for hours worked over 40 in a week and is not exempt from overtime pay requirements under the Fair Labor Standards.

The plaintiff’s voting preference came up in a conversation after the election. She was fired not soon after. Company spokesperson is claiming that her termination was in the company’s best interest citing uncertainties in defense spending. The current administration is looking to make huge cuts in the federal budget as part of its efforts to save the economy from deficits.

Experts argue that the case is pitting at-will termination employment against the Ohio Revised Code 3599 which protects employees from employer intimidation and retaliation, especially those that involve elections. If won, the case may incite lawmakers to consider new employment law legislation. The employee still has to prove that she was not fired due to economic reasons.

About The Author

Victor Dela Casa is a Filipino-Canadian who spent over a decade working as a business professional in Canada. Worked in IT, finance, marketing, international trade, public service, project management and the maritime industry. Degree in Economics from the University of the Philippines and Honours Diploma from Eastern College. Currently based in the Philippines and working as a professional writer for a multi-national business processes firm.

Tags: wrongful termination lawsuit, President Barack Obama, Ohio Revised Code 3599, Fair Labor Standards

Credit Reporting Riddled With Errors

Credit Reporting Riddled With Errors

The credit reporting system is relied upon by 200 million American consumers to provide accurate credit histories and ratings to run an economy reliant on financing. This allows everyone to afford items that are otherwise unattainable without the proper financing offers that are determined by one’s credit scores.

Unfortunately, the latest study by the Federal Trade Commission saw errors in the system that, although not perfect, is marred by unacceptable and costly mistakes. These mistakes could affect anyone, including those that are looking for alternative debt relief programs -- like those thinking of acquiring a new loan to consolidate debts.

According to the FTC, 26 percent of the over 1,000 participants surveyed in a comprehensive study identified at least one potentially material error. When the error was disputed and modified, only 13 percent of participants saw a change to their credit score.

Research determined that 88 percent of errors were because of inaccuracies reported by lending companies. Sources clarified that not all errors were significant, but at least 5.2 percent of the participants have errors serious enough to make them riskier. 

The added risk could easily result in consumers having to pay more for products and services that check into credit histories.

The country’s three major credit bureaus – Equifax, Experian and TransUnion – rely on the FICO credit scoring system that ranges from 300 to 850 with a higher score beyond 700 considered to be better as it poses the lowest credit risk. 

The system bases the scoring on a borrower’s income and debts, and how well the person eliminates these debts through timely payments and repayments, in some cases. Basically, the system wants to know how well a borrower is paying down their debts.

The federal Fair Credit Reporting Act gives consumers rights to dispute inaccuracies in their credit report. The FTC concluded that although a majority of credit reports are free of errors, the dispute process often doesn’t favor consumers.

About The Author

Victor Dela Casa is a Filipino-Canadian who spent over a decade working as a business professional in Canada. Worked in IT, finance, marketing, international trade, public service, project management and the maritime industry. Degree in Economics from the University of the Philippines and Honours Diploma from Eastern College. Currently based in the Philippines and working as a professional writer for a multi-national business processes firm.

Tags: credit reporting system, credit histories and ratings, fair credit reporting act, major credit bureaus, FICO credit reporting system

Setting Up A Pet Trust

Setting Up A Pet Trust

Awww, cute...

Death is an unavoidable reality of life. Setting up wills and trusts are ways to prepare for the inevitable. Traditionally, an estate plan only includes children, relatives and other important people relevant to the testator. With the recent expansion of estate planning laws, forty-six U.S. states are offering animal-related extensions and allowing the creation of specialized pet trusts.

A trust is a legal entity that manages the allocation and distribution of assets to the benefit of others, usually the testators’ heirs. A pet trust allows owners to set aside money for the care of their pets. Since pets cannot directly inherit money, a trust can be set up to pay for pet care and supplies. A person is paid to care for the animals. Trust administration is performed by a trustee who oversees the arrangements.

While many pet-lovers may find this quite revolutionary, the trust doesn’t come with legal impregnability. A judge in 2007 reduced the amount of a pet trust worth $12 million to $2 million after it was determined excessive. Most pet owner’s concern is practical in nature that is assuring the animal’s welfare. By setting aside money, the need to send a pet to a shelter, a pound or putting them to sleep becomes unnecessary.

Unlike before, pet trust and pet insurance have gained wide popularity in recent years. An estimated 62 percent of American households have a pet—that’s about 73 million households. According to experts, people spend a lot of money on their pets because they’ve become a part of the family unit.

The field is still in its infancy but legal experts believe that over time, the law will develop even more to give way to an increasing number of pet owners that will use pet trusts as a tool to ensure their pets future once they die.

Talk to a trusted and knowledgeable legal professional on all matter about estate planning including wills and trusts that are designed specifically to meet individual needs.

About The Author

Victor Dela Casa is a Filipino-Canadian who spent over a decade working as a business professional in Canada. Worked in IT, finance, marketing, international trade, public service, project management and the maritime industry. Degree in Economics from the University of the Philippines and Honours Diploma from Eastern College. Currently based in the Philippines and working as a professional writer for a multi-national business processes firm.

Originally written for Markowitz and Gravelle, posted on 19 Feb., 2013

Tags: specialized pet trusts, estate planning, trust administration

On Elderly Financial Exploitation

On Elderly Financial Exploitation

The elderly can easily be taken advantaged of and exploited in many ways. These abuses can be physical, emotional, sexual and, yes, financial in nature. In New Jersey for example, financial elder abuse is a criminal felony that can get perpetrators – caregivers, estate plan executors and even trusted family members – into serious legal troubles if found guilty.

In a 2011 report, it was found that New Jersey has one of the highest percentages of financial abuses in relation to its senior citizen populations amounting to 11 percent. On that report, it was found that 176,000 cases were reported in 2010. The state’s law offers varying degrees of criminal charges and corresponding penalties depending on the amount and gravity of the crime or abuse committed.

According to experts, measures should be taken to avoid exploitative actions before it happens or once suspicions are raised. If the elder is still capable to manage their affairs, it is advisable to stay connected with family members as abusers are less like to commit any exploitation if more concerned relatives are continuously involved in the elder’s life. Concerned relative are also encouraged to report any suspicions to adult protective services.

Suspicions of financial exploitation may require renewed estate plans, wills and trusts. Through revocation, an elder can remove an abusive caretaker and prepare a new set of estate planning tools. Old documents should be disposed of completely and new bank accounts should also be opened if possible.

To minimize risks posed by suspicions of fraud and abuse, a court intervention may be required to issue injunctions and keep abusers from accessing the elder’s accounts. When the victim has diminished capacity, an application for guardianship may be filed in the courts.

A persons twilight years is a time when the fruits of one’s lifetime of labors are enjoyed. Financial abuses can lead to its deprivation. Without financial resources, the emotional and physical well-being of an elder will decline. Suspicions of financial exploitation should be reported immediately to the proper authorities and a trusted estate planning professional.

About The Author

Victor Dela Casa is a Filipino-Canadian who spent over a decade working as a business professional in Canada. Worked in IT, finance, marketing, international trade, public service, project management and the maritime industry. Degree in Economics from the University of the Philippines and Honours Diploma from Eastern College. Currently based in the Philippines and working as a professional writer for a multi-national business processes firm.

 Tags:  financial elder abuse, criminal felony, financial exploitation, estate plans, wills and trusts

A Jewish Divorce - No Pun Intended

A Jewish Divorce - No Pun Intended

Divorces are both tricky, complicated, and at times, restricting.

Among Jewish women, getting a signed civil divorce decree doesn’t necessarily mean a complete divorce. By Jewish religious customs, women are to remain “chained” to their ex-husbands until the latter grants a religious divorce.

This chaining prevents ex-wives from re-marrying effectively tying them to their ex-husbands. Jewish women in New Jersey may find some hope with a recent divorce ruling.

Recently, a Connecticut judge upheld the legality of a Jewish prenuptial agreement and ruling in favor of a local woman party to the legal battle. The court is ordering the ex-husband to issue a “get,” or a Jewish divorce document, that allows the woman to re-marry.

The ruling is considered a landmark decision that could impact Trenton, New Jersey and the entire country.

According to the judge, another stipulation in the prenuptial, drafted some 20 years ago by a rabbinical court that implements traditional Jewish common laws in America, is also enforceable entitling the woman to at least $100,000 from her ex-husband, or an amount equivalent to $100 for each day a get is not granted.

The decision was in-line with the two provisions stated in the original document. First, the couple agrees to allow a Jewish Court to arbitrate the divorce. Second, the husband must agree to pay the wife for each day a religious divorce is not granted. Both installed to free the ex-wife from potentially getting chained from the former husband.

Being chained prevents the wife from re-marrying and for all subsequent children to be considered illegitimate by Jewish standards.

In many cases, women are driven to pay their former husbands just to grant them the get. Experts agree that the court’s publicized decision sets a precedent that other states should follow.

About The Author

Victor Dela Casa is a Filipino-Canadian who spent over a decade working as a business professional in Canada. Worked in IT, finance, marketing, international trade, public service, project management and the maritime industry. Degree in Economics from the University of the Philippines and Honours Diploma from Eastern College. Currently based in the Philippines and working as a professional writer for a multi-national business processes firm.

Tags: divorce, Jewish women, chained to their ex-husbands, Jewish prenuptial agreement, Jewish religious court

Former PBA Import Cries Foul

Former PBA Import Cries Foul

File photo of Carlos Briggs playing for Anejo Rhum in the PBA

The former assistant coach of the University of Detroit Mercy basketball squad who alleged the school of wrongful dismissal last year is back. Coach Carlos Briggs, who used to play professionally as an import player here in the Philippines, has filed a wrongful termination lawsuit against the catholic school and two others claiming that he was fired after he blew the whistle on an inappropriate relationship between two former colleagues in the athletic department.

Briggs, in a lawsuit filed in Wayne County Court, accuses UDM of firing him in retaliation after he filed a whistle-blower report about the school’s former athletic director and another former assistant coach. He also filed lawsuits against the former athletic director and the school’s media consultant for defamation. Last year, Briggs vaguely implied that he had been wrongfully dismissed to cover up the misconducts of others. 

In the suit, Briggs is claiming that two former colleagues in the athletic department engaged in an inappropriate sexual relationship that affected players and created some rift within the organization. Both are married and were fired back in August after the university received the report. Briggs was fired not too long afterwards.

According to sources, players also noticed the relationship with some even reporting it to the head coach who apparently did nothing to address the matter. The relationship caused a stir in the locker room with concerned players and coaches being disfavored by the female athletic director.

Briggs claims that he filed an anonymous complaint about the relationship but his identity was revealed. A local media consultant hired by the school tarnished his reputation by releasing media statements aimed to undermine his personal integrity.

In Detroit, such a lawsuit can result in the school paying for punitive and defamatory damages. Briggs is asking the court for an amount greater than the $25,000 minimum awarded if proven. The former coach fears that his reputation has been damaged because of the schools policy.

Wrongful discharge and defamation because you did the right thing is unfair, unjustly and against the principles that made America such a strong and proud nation.

About The Author

Victor Dela Casa is a Filipino-Canadian who spent over a decade working as a business professional in Canada. Worked in IT, finance, marketing, international trade, public service, project management and the maritime industry. Degree in Economics from the University of the Philippines and Honours Diploma from Eastern College. Currently based in the Philippines and working as a professional writer for a multi-national business processes firm.

Originally written for Miller Cohen, posted 14 Feb., 2013

Tags: whistle-blower report, wrongful termination lawsuit, University of Detroit Mercy,  punitive and defamatory damages, inappropriate sexual relationship

Outscourcing FMLA

Outscourcing FMLA

In today’s volatile economic landscape, leave administration and management has become an increasingly challenging concern for both employers and employees. Being badly hit by the recent recession, many understand fully the difficulties around the local labor market. Thanks to modern business processes, such administrative concerns can be handled exclusively, efficiently and cost-effectively by third-party service providers. However, a recent finding is showing that many employers have not caught on and would prefer to administer their employee’s leaves the traditional way.

The result of a national-based survey on employee leaves was recently released by the Disability Management Employer Coalition (DMEC). The San Diego based coalition, with the Spring Consulting Group, published their findings called the 2012 Employer Leave Management Survey. The findings track methods and performances of various employers’ Family Medical Leave Act (FMLA) management programs.

According to the DMEC, the survey was completed with the participation of 238 employers across the U.S. representing all organizational sizes and various industries, including some companies based in Michigan.

Some key results of the survey found that 57% of employers find intermittent leaves as their biggest challenge. 53% of employers struggle to understand the American Disabilities Act Amendment Act. The result also found that the federal FMLA is the most common leave administration outsourced with 29%.

While most of the companies who outsourced their leave administration gave positive marks regarding the services of third-party vendors, it is noted that only a small group of employers surveyed rely on outsourcing services. The majority still prefer to in-source.

The DMEC believes that employers understand laws regarding leaves and are committed to implementing them; the actual administration in doing so is the challenge. The group agrees that as organizational processes improve through education and funding, the compliance and leave related costs associated will also ultimately improve. 

About The Author

Victor Dela Casa is a Filipino-Canadian who spent over a decade working as a business professional in Canada. Worked in IT, finance, marketing, international trade, public service, project management and the maritime industry. Degree in Economics from the University of the Philippines and Honours Diploma from Eastern College. Currently based in the Philippines and working as a professional writer for a multi-national business processes firm.

Originally written for Miller Cohen, posted 31 Jan., 2013 

Tags: Family Medical Leave Act, discrimination for taking family leave, outsourcing services, medical leave

Alcohol and Driving Don't Mix

Alcohol and Driving Don't Mix

Alcohol and driving just don’t mix. This is especially true in a state known for having so much pedestrian traffic like California. The state is dubbed as one of the most dangerous for fatal pedestrian accidents and hit-and-runs according to recent independent studies. Despite repeated warnings and an increased police effort, many are still engaging in drunk driving and more are suffering from wrongful death incidents.

Victims of negligence and reckless driving should seek the advice of a legal professional for assistance. Financial compensation is available to victims and their families for medical expenses, loss of wages and the pain and suffered brought on by the possible loss of a loved. A related fatal accident story in Orange County which resulted in the death of three relatives is making headlines throughout California.

A 40-year-old Orange County man was arrested in connection to the deaths of three women on their way home from a baby shower. The man is twice over the legal blood-alcohol limit when his car hit the pedestrians. A 56-year-old woman was killed at the scene while her daughter and niece, both 21-years-old, were rushed to a nearby emergency but later died of their serious injuries. The accused driver and a female passenger were also injured.

Police told sources that the man saw the women but failed to stop in time, barely slowing down only before striking the three at high speeds. The impact caused massive and severe injuries that caused their deaths.

Three counts of vehicular manslaughter causing death with gross negligence while intoxicated were laid against the man. The Orange County district attorney’s office also filed two other felony counts of DWI. Other charges are also being prepared. If convicted, he could face 12 years and eight months in state prison. He is being held on a $500,000 bail. An arraignment is already scheduled.

About The Author

Victor Dela Casa is a Filipino-Canadian who spent over a decade working as a business professional in Canada. Worked in IT, finance, marketing, international trade, public service, project management and the maritime industry. Degree in Economics from the University of the Philippines and Honours Diploma from Eastern College. Currently based in the Philippines and working as a professional writer for a multi-national business processes firm.

Originally written for Day, Day and Brown, posted 18 Feb, 2013

Tags: California, Orange County, drunk driving, DWI, death, killed at the scene, vehicular manslaughter, over the legal blood-alcohol limit

NFL To Begin Brain Injury Research

NFL To Begin Brain Injury Research

Big hits, fatal injuries

If you frequently visit my blog, you surely have noticed how active I've covered the issue of concussions in professional sports recently. This type of injury is a serious concern particularly for the National Football League (NFL) who is facing hundreds of lawsuits from former players who are experiencing some negative effects of undocumented concussion injuries during their heyday. As part of my ongoing coverage, we just learnt that the National Football League is taking some steps to address the issue.

According to sources, the NFL is teaming up with General Electric for a four-year initiative to develop brain-imaging technology that will effectively detect concussions and the creation of materials for helmets and protective gears that will better protect its players from permanent disability. The NFL is putting in $50 million initially to start the project.

The project was initiated in light of recent damaging wrongful death lawsuits that questioned the NFLs integrity and motives. The latest one came from the family of future Hall of Fame inductee, Junior Seau. The family claims that the NFL knew the risks of concussions but continued to market the sport’s ferocity. With its popularity and longevity hanging in the balance, the league’s top brass decided to act proactively, sooner than later.

Seau suffered through depression and mood swings allegedly brought about by multiple, undetected concussions. He committed suicide last year and his brain was donated to researchers. The team found that he suffered from a neurodegenerative brain damage.

Last week, the NFL Players’ Association released the results of their health and safety survey where they found out that 78 percent of active players do not trust team doctors and medical staff citing a doctor in San Diego as a clear example of a medical practitioner known to commit malpractices while continuously employed by the team. The Union also announced that the players will donate $100 million to Harvard University for comprehensive Health and Safety research.

About The Author

Victor Dela Casa is a Filipino-Canadian who spent over a decade working as a business professional in Canada. Worked in IT, finance, marketing, international trade, public service, project management and the maritime industry. Degree in Economics from the University of the Philippines and Honours Diploma from Eastern College. Currently based in the Philippines and working as a professional writer for a multi-national business processes firm.

Originally written for Day, Day and Brown, posted 11 Feb, 2013 

Tags: NFL, Junior Seau, NFLPA, Harvard University, concussions, brain injury, General Electric

Girl's Inspiring Brain Damage Campaign

Girl's Inspiring Brain Damage Campaign

Kasey Wagner

People of all ages can be affected by brain damage. Traumatic brain injury is probably one of the most serious of all types of injuries as it may completely alter the life of a person. Often with debilitating and dire long-term effects, these injuries are mostly caused by accidents and medical malpractices.

Brain injuries are a serious problem that can happen anywhere to anyone and requires the support of family and friends. In the lone star state, one girl is raising awareness on brain injuries by supporting local charities and opening up about her own permanent disability.

Kasey Wagner, a 15-year-old Texan teenage girl is getting involved in her community by helping raise local awareness about brain injuries through her own personal experiences. As an active supporter, fundraiser and spokesperson for local government and private concern groups, she has raised $1,000 for local charities and programs such as the Walk for Brain Injury campaign scheduled this March.

The young lady herself was a victim of a 2009 car accident that left her with brain injuries that continue to affect her ability to manage multiple tasks and do activities that require plenty of mental processing such as driving a vehicle. The brain injury has left her easily anxious and frustrated when told to do many things at the same time. She even finds it difficult to deal with people or understand spatial issues.

What impresses about the girl is her will and determination. Despite her handicap, she has been consistently leading fundraising efforts in and around the state to educate about brain injuries. Locals are inspired by her daring efforts.

Brain injuries could have a lasting and profound impact on one’s life. It could affect a person’s potential and, because of the required long-term care, may result in further medical expenses. Only through love, encouragement and support, a victim can regain a little measure of normalcy. 

About The Author

Victor Dela Casa is a Filipino-Canadian who spent over a decade working as a business professional in Canada. Worked in IT, finance, marketing, international trade, public service, project management and the maritime industry. Degree in Economics from the University of the Philippines and Honours Diploma from Eastern College. Currently based in the Philippines and working as a professional writer for a multi-national business processes firm.

Originally written for Day, Day and Brown, posted 18 Feb, 2013

Tags: brain injury, walk for brain injury, car accident