What to Do When Your Mississippi Home Fire Insurance Claim Is Wrongfully Denied

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When disaster strikes in the form of a home fire, you rely on your fire insurance policy to step in and provide relief. However, the reality is that many homeowners in Mississippi face the frustrating and overwhelming experience of having their fire insurance claims wrongfully denied. When insurance companies refuse to pay what they owe, leaving policyholders to deal with significant property damage, it can feel like a betrayal. Attorney Jonathan Barrett, founder of Barrett Law, PLLC, is here to help you stand up against these wrongful denials and fight for the compensation you deserve. With decades of experience litigating against insurance companies, Attorney Barrett has a proven track record of winning cases and achieving substantial verdicts for homeowners throughout Mississippi.

At Barrett Law, we understand the urgency and stress that comes with fire damage. If your insurance company is refusing to cover your losses, we can help. Call us today for a free consultation and case review at (601) 790-1505. You do not have to face this fight alone.

Mississippi Fire Insurance: Legal Obligations and Bad Faith Practices

Mississippi law requires that insurance companies act in good faith when dealing with policyholders. This means that insurers must honor the terms of your policy and handle claims fairly and promptly. When a fire causes significant damage to your home, residential fire insurance policies typically cover repair costs, replacement of lost items, and additional living expenses while your home is uninhabitable. However, some insurance companies employ delay tactics, offer unfairly low settlements, or deny valid claims altogether.

Under Mississippi law, fire insurance policies are governed by a mix of state statutes and federal regulations. Mississippi Code Annotated § 83-9-5 sets forth minimum standards for insurance policies, including provisions requiring timely investigation and payment of valid claims. Additionally, insurance companies are bound by federal regulations that outline best practices for adjusting claims and treating policyholders fairly. If your claim is wrongfully denied or delayed, you may be able to file a lawsuit against the insurer for “insurance bad faith.”

What Is Insurance Bad Faith?

Insurance bad faith occurs when an insurer fails to meet its obligations under the policy or the law. This can include denying a valid claim without justification, failing to properly investigate a claim, or unreasonably delaying payment. In Mississippi, bad faith insurance claims can arise from a variety of residential fire insurance disputes, including:

  • Unjustified denial of a fire damage claim
  • Delays in processing or paying a claim
  • Inadequate settlement offers that do not reflect the actual cost of repairs or replacement
  • Misrepresentation of policy terms to reduce or deny coverage
  • Failure to properly investigate the fire damage

In these situations, you may be entitled to compensation not only for your fire-related losses but also for additional damages such as emotional distress and punitive damages meant to punish the insurance company for its misconduct.

Types of Residential Fire Insurance Claims

When dealing with fire insurance, several types of claims may arise depending on the extent of the damage and the specific coverage outlined in your policy. It is important to understand the various claims you may file, and how insurance companies may attempt to minimize or deny your compensation:

  • Property Damage Claims: These claims cover the cost to repair or replace your home and any damaged structures on your property.
  • Personal Property Claims: This aspect of your fire insurance covers the replacement of personal belongings lost or damaged in the fire, such as furniture, electronics, and clothing.
  • Additional Living Expenses (ALE): If your home is rendered uninhabitable due to fire damage, your insurance policy may provide coverage for temporary housing, meals, and other expenses incurred while your home is being repaired.
  • Loss of Use: This type of claim compensates you for the inability to use parts of your home while repairs are being completed.

What To Do If Your Claim Is Wrongfully Denied

If your fire insurance claim has been wrongfully denied, it is essential to act quickly and strategically to protect your rights. The following steps can help you build a strong case:

  1. Review Your Policy: Start by carefully reviewing the terms of your insurance policy to understand what is covered and the reasons the insurer gave for denying your claim.
  2. Document Everything: Keep a detailed record of all communications with the insurance company, including phone calls, emails, and letters. Take photographs of the fire damage and save receipts for any expenses related to the damage or displacement.
  3. Request a Written Explanation: If your claim was denied, ask your insurer to provide a written explanation of the denial. This will be useful if you decide to pursue legal action.
  4. Consult an Attorney: If you suspect that your insurance company is acting in bad faith, you should contact an experienced fire insurance claim attorney as soon as possible. Attorney Jonathan Barrett can help you determine whether you have grounds for a lawsuit and guide you through the legal process.

Why You Need Jonathan Barrett, Esq. for Your Fire Insurance Claim

Attorney Jonathan Barrett, founder of Barrett Law, PLLC, is a fighter for Mississippians. Over his decades of practice, he has secured millions of dollars in settlements and jury verdicts for clients who have suffered property losses, financial ruin, and other serious harm due to insurance company misconduct. Jonathan Barrett takes on a limited number of cases at a time, which allows him to focus deeply on your unique situation and maximize the compensation you receive.

Whether your fire insurance claim was wrongfully denied, undervalued, or delayed, Attorney Barrett will investigate the insurer’s conduct, analyze your policy, and develop a strategy to recover every dollar you are owed. He offers a no-obligation, free consultation to discuss your case and provide you with the options you need to move forward. Do not wait—call today at (601) 790-1505 for help.

The Claims and Lawsuit Process

Filing a fire insurance claim in Mississippi is just the beginning. If your insurer denies the claim or offers less than you deserve, you may need to take legal action. The lawsuit process generally follows these steps:

  1. Investigation: Your attorney will gather evidence, including photos, damage reports, and expert opinions, to establish the full extent of your losses.
  2. Filing the Complaint: If negotiations with the insurer fail, your attorney will file a formal lawsuit, outlining how the insurance company violated its contractual obligations or engaged in bad faith.
  3. Discovery: During this phase, both sides exchange information. Your attorney will depose insurance representatives and request documents to prove the insurer’s wrongdoing.
  4. Negotiation and Settlement: Many insurance disputes are resolved through negotiation. Jonathan Barrett will pursue a settlement that fully compensates you for your losses.
  5. Trial: If the insurance company refuses to offer a fair settlement, your case may proceed to trial, where a jury will decide the outcome.

Questions To Ask a Fire Insurance Attorney

Choosing the right attorney can be the difference between a fair settlement and walking away with nothing. Here are important questions to ask when considering legal representation for your fire insurance claim:

  • How much experience do you have with fire insurance claims in Mississippi?
  • Have you handled cases involving insurance bad faith?
  • What is your success rate in recovering compensation for denied or underpaid claims?
  • How will you communicate with me throughout the legal process?
  • What kind of compensation can I expect if we win?

Damages and Compensation

If your fire insurance claim has been wrongfully denied, you may be entitled to several forms of compensation, including:

  • Compensatory Damages: These cover the actual costs of repairs, personal property replacement, and additional living expenses.
  • Punitive Damages: In cases of bad faith, Mississippi law allows for punitive damages to punish the insurance company for its misconduct.
  • Emotional Distress: If you have suffered undue stress due to the insurer’s actions, you may be entitled to compensation for emotional harm.

Why Attorney Jonathan Barrett Is the Best Choice

Attorney Jonathan Barrett is not just any lawyer. He has built a reputation as a relentless advocate for Mississippi homeowners, winning multi-million-dollar settlements and verdicts for clients facing wrongful denials and delays in fire insurance claims. At Barrett Law, PLLC, we limit our caseload so we can give every client the attention they deserve, ensuring maximum compensation for each case.

You do not have to fight the insurance companies alone. Call Attorney Jonathan Barrett 24/7/365 at (601) 790-1505 to receive your FREE Consultation and learn how we can help you get the compensation you deserve.

Mississippi Residential Fire Insurance Lawsuit FAQs

  • What is the statute of limitations for filing a fire insurance claim lawsuit in Mississippi?
    Under Mississippi law, you generally have three years from the date of the fire to file a lawsuit against the insurance company. However, it’s best to act quickly, as delays can hurt your case.
  • What are my options if the insurance company offers an unreasonably low settlement?
    If the insurance company offers less than what your claim is worth, you can reject the offer and consult an attorney. Jonathan Barrett can negotiate with the insurer to secure a fair settlement or take the case to court if necessary.
  • What should I do if my claim is denied?
    Request a written explanation for the denial and contact an attorney immediately. Jonathan Barrett will review your policy and the insurance company’s actions to determine whether they acted in bad faith.
  • Can I sue for emotional distress caused by a denied claim?
    Yes, if the insurer’s bad faith actions caused you significant emotional distress, you may be able to pursue compensation for the mental and emotional toll.
  • Will my homeowner’s insurance rates increase if I file a lawsuit?
    Your rates may not necessarily increase just because you file a lawsuit. Insurance companies typically base rate increases on overall claims risk, not on individual lawsuits. However, it’s always best to discuss these concerns with your attorney, who can give you specific advice based on your policy and situation.

Final Thoughts: Fight for the Compensation You Deserve

If your Mississippi fire insurance claim has been wrongfully denied or you believe your insurer is acting in bad faith, you need an experienced attorney who will fight tirelessly on your behalf. Attorney Jonathan Barrett of Barrett Law, PLLC, has decades of experience standing up to insurance companies and securing fair compensation for his clients. With a focus on delivering personalized service and achieving maximum results, Jonathan Barrett has earned a reputation as one of Mississippi’s top fire insurance claim attorneys.

You don’t have to face the insurance company alone. Call Mississippi Residential Fire Insurance Claim Attorney Jonathan Barrett 24/7/365 at (601) 790-1505 to receive your FREE Consultation and learn how we can help you get the compensation you deserve.

Barrett Law, PLLC
121 Colony Crossing Way # D
Madison, MS 39110
(601) 790-1505

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Experienced Mississippi Whistleblower Lawyer Discusses the Statutes of Limitations Related to Wartime

As I have written in other blog posts, the False Claims Act was enacted during the Civil War to prosecute those who tried to profit off of selling low-grade or faulty supplies to the U.S. government.  This remains a problem in modern America as well.  One problem with prosecuting people who are bilking the government during wartime is that the ongoing war makes filing a qui tam case, collecting evidence, and pursuing the case extremely inconvenient.  As a result, during World War I and II Congress passed the Wartime Suspension of Limitations Act, which was initially enacted to extend the statute of limitations for war-related criminal fraud that the Government was unable to prosecute because of the war-time conditions.  The current version of the WSLA suspends the statute of limitations for “any offense against the laws of the United States.” The United States Supreme Court recently issued an opinion limiting exactly what “suspending the statute of limitations” means in the False Claims Act context.

Are you considering becoming a whistleblower?  You will need the help of an experienced whistleblower attorney to guide you through the process.  Contact Barrett Law now at (601) 790-1505 to attain the advice you need.

The U.S. Supreme Court’s KBR decision came to two significant conclusions related to the False Claims Act.  In the KBR case, a whistleblower named Benjamin Carter brought a whistleblower claim against Kellogg, Root & Brown and Halliburton, alleging that they were billing the U.S. government for water purification work they were not performing in the Middle East during the Iraq and Afghanistan wars.  He made his first claim in 2006 and his final claim in 2011.  The False Claims Act has a six-year statute of limitations with a ten-year maximum. The defendants claimed that Carter’s case violated the False Claims Act’s statute of limitations, while Carter contended that that the WSLA suspended the statute of limitations.

The Supreme Court unanimously held that the WSLA suspends the statute of limitations for the U.S. government to prosecute crimes against the government, but does not suspend that same statute of limitations for civil claims brought by a whistleblower.

The Supreme Court’s holding underscores the importance of bringing a timely claim within the False Claims Act’s statute of limitations.  While many argue that a civil suit brought by a whistleblower is really a claim brought on the U.S. government’s behalf, the Supreme Court did not agree, holding the line on what they see as a generous statute of limitations under the False Claims Act.

What Should You Do if You are Considering Making a Whistleblower Claim?

Are you considering filing a whistleblower case?  The reward for submitting a successful claim can be significant, 15% to 30% of any amount recovered by the government, but you will only receive this sort of award with the help of an experienced whistleblower attorney. As the above analysis demonstrates, a solid case brought too late may be worthless. A whistleblower does not have an endless amount of time to file his or her claim, and you should consult with an experienced whistleblower attorney immediately if you believe you may be a whistleblower. Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (601) 790-1505.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

 

 

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Experienced Mississippi Whistleblower Lawyer Explains Anti-Kickback Statute’s Statutory Safe Harbors

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The Anti-Kickback Statute is a federal law that penalizes those who intentionally pays or asks for goods, benefits, or money in exchange for referrals or payments for products or services reimbursable under a federal health care program. In a nutshell, it punishes people who offer or accept bribes for some advantage in health care contracting.  Congress enacted the Anti-Kickback Statute in 1972 “to protect patients and the federal health care programs from fraud and abuse by curtailing the corrupting influence of money on health care decisions.”

 

If you are considering becoming an Anti-Kickback Statute whistleblower here in Mississippi, you need to understand that not every exchange of money or good in the health care field is a kickback; there are “safe harbors” that allow companies to engage in financial relationships legally.  To understand this law, you will need the help of an experienced whistleblower attorney.  Contact Barrett Law now at (601) 790-1505 to attain the guidance you require.

Anti-Kickback Safe Harbors – The Basics

You may be asking, “what is a safe harbor”?  In law, a safe harbor is specifically proscribed conduct that is safe from prosecution.  For example, it is generally illegal to possess a rhino tusk. However, if the tusk is needed for medical research and is registered with the Department of Justice, a safe harbor may allow scientists to possess it legally. But if the scientist took the tusk home after the testing was done, he would “leave” the safe harbor and would be subject to possible prosecution.

Statutory Safe Harbors:

Some of the prominent statutory safe harbors in the Anti-Kickback Statute include:

Discounts

“[A] discount or other reduction in price obtained by a provider of services or other entity under a Federal health care program if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity under a Federal health care program.”

Written Contracts

“Payments based on valid written contracts from vendors of goods or services to authorized federal health care program purchasing agents, where the relevant providers of services disclose the amount received from each vendor, also qualify for safe harbor protection.”

Employment Contracts

“[A]ny amount paid by an employer to an employee (who has a bona fide employment relationship with such employer) for employment in the provision of covered items or services.”

When you take these provisions together, it means that money can change hands without it being unethical under the Anti-Kickback Statute. But the exchange of money must represent a legitimate payment, or reduction in payment, that is clear, in the open, and available to other market participants.  It is when the payment or exchange is secret and between limited parties that ethical issues arise.

What Should You Do if You are Considering a Whistleblower Claim?

Are aware of fraud occurring in the healthcare industry? Are you considering filing a whistleblower case under the Anti-Kickback Statute?  The reward for submitting a successful claim can be massive. But you will only receive this sort of award with the help of an experienced False Claims Act attorney. The United States government receives thousands of potential whistleblower claims each year, and only those that are reported in a way that triggers their interest are investigated.  Careful pleading is key to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (601) 790-1505.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful Anti-Kickback Statute case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

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Experienced Mississippi Personal Injury Attorney Explains Dental Malpractice

If you are like me, you do not look forward to going to the dentist’s office. Whether it is a just a routine cleaning or a root canal, it is rarely any fun. That said, I appreciate my dentist and the professional work he does to keep my teeth clean. But what if your dentist was not as professional as mine and was merely looking at your mouth as a gold mine? This happens, and some dentists cut corners by allowing undertrained staff to perform procedures they not certified to complete, while other dentists make mistakes due to overwork or addiction issues. What should you do if your dentist’s negligence injured you?

If you have sustained an injury as a result of a dentist, you are due compensation for your pain, trauma, loss of income, and injuries. Barrett Law has the experience to help you if you—contact us now at (601) 790-1505.

What is Dental Malpractice?

Dental malpractice is based on a negligence standard. As I have stated in other blog posts, negligence is established when a person has a duty to a person, such as a patient, and fails to protect that patient from a harm that he knew of or should have known of.  In dentistry, it occurs when a dentist deviates from the community’s accepted standard of dental care, and a patient is injured as a result of the deviation.

Forms of Dental Malpractice Vary

In my practice, I have seen a wide variety of deviations from a reasonable standard of dental care.  Most commonly, I see infections caused by non-sterile dental equipment, needless tooth extractions, failures to diagnose periodontal disease, wrongly administered anaesthesia, and general misdiagnosis of dental conditions that result in ongoing pain and suffering. Many dental problems stem from dentists who allow hygienists and other para-professionals to perform tasks that only a dentist should do.

Filing a Dental Malpractice Suit

Dental malpractice requires the help of an experienced personal injury attorney. To present a case that the dentist in question deviated from a standard of care that resulted in harm, a personal injury attorney will have to take depositions, hire expert witnesses, and subpoena records.  These tend to be contingency fee cases, meaning that, as the client, you will not have to pay anything for your representation unless you win your case. Your attorney will have to show that the dentist in your case took a course of treatment that was not reasonable under the current treatment protocols in use in your community or that he or she failed to treat a dental condition that was another dentist would have been reasonably expected to notice and treat.

What Should You Do If You or a Loved One Has Been Injured Due to a Dental Procedure?

If you or a loved one was injured due to a dentist’s negligence, you should contact an experienced personal injury lawyer immediately to discuss whether you have a viable personal injury claim for your injuries, any time you have been out of work, the costs of your treatment and rehabilitation, your pain and suffering, and other damages. This is my area of expertise.  Let me take care of organizing your bills, attaining statements from expert witnesses, and dealing with the dentist’s attorneys. These are just a few of the critical, complex tasks that a personal injury attorney will handle for you while you heal from your dental injuries.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury because of a dentist’s negligence. Contact us now at (601) 790-1505.

 

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Experienced Mississippi Personal Injury Attorney Explains Scaffolding Injuries

With all of the construction occurring here in Mississippi, I increasingly see buildings wrapped in scaffolding.  Scaffolding is one of the cheapest and easiest tools construction workers can use to access elevated projects. While I increasingly see workers using restraints and other safety tools, I also know that working on scaffolding is incredibly dangerous work that all too frequently results in injuries.

If you have sustained an injury in as a result of working on scaffolding, you must find experienced counsel to help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured.  Contact us now at (601) 790-1505.

Scaffolding Safety Information

According to the Occupational Safety and Health Administration (OSHA), 65% of the 2.3 million construction workers in the United States work on scaffolding. More than 4,500 injuries and some 60 deaths occur annually from scaffolding accidents. This costs businesses almost $100 million in lost wages and compensation.

Why is Scaffolding Dangerous?

Nearly all scaffolding accidents are preventable. Scaffolding is simply a platform elevated above the ground, located in close proximity to a building under construction, painting, or maintenance.  Scaffolding is temporary and often moves as the work progresses.  This mobility comes with a balancing of risks—the more movable the scaffolding, often the less stable it is. Similarly, scaffolding is often moved from worksite to worksite without proper maintenance or repairs; as a result, it becomes worn and unsafe over time. Finally, employers often do not provide employees with adequate training or safety gear; a lack of training, inadequate safety gear, and extreme heights can combine to cause severe injuries and death.

Types of Scaffolding

There are three primary types of scaffolding used in the construction industry:

Supported—this is the most common type of construction scaffolding.  It is made of platforms, usually made of wooden boards, suspended within a frame of poles, pipes, or heavy beams.  Some scaffolding is attached to the building being worked on, while other types are freestanding or even have wheels.

Suspended—this type of structure is less common and involves ropes or wires supporting a platform from above.  This type of scaffolding is commonly used by window washers, bridge workers, and other workers who need to access extremely high buildings that are inaccessible through traditional ground-based supported scaffolding.

Machine—Scissor lifts, cherry pickers, and “man lifts” are frequently used for short-term projects like changing high lightbulbs or quickly accessing elevated areas of a building for a repair.

Overview of Scaffolding Safety

The employer must conduct regular safety checks of all scaffolding. If the scaffolding is unstable, it must be inspected. If the employer moves the scaffolding to a different location or job site, the process must be repeated.

Every single worker that uses the scaffolding at all must be trained in proper scaffolding use. For example, employees must be informed that spills must be cleaned up immediately. On scaffolding, even spilled water can be hazardous, as any wet surface or debris can result in a fall.

Each scaffold’s load limit should be marked so employees can quickly determine how much is allowed on the structure, and scaffolding should never be overloaded. Employees must be trained so that they understand what load limits mean and how they apply to scaffolding.

After a construction project’s conclusion, rigging, platforms, and other structural elements must be inspected for damage or loose parts. Scaffolding should be cleaned and repaired after each job.

If you have been injured in a scaffolding accident, one or more of these issues may have resulted in your injury.  If your employer did not appropriately supervise, outfit, and maintain your worksite, you may be due significant compensation for your injuries.

What Should You Do If You or a Loved One Has Been Injured in a Scaffolding Accident?

If you were injured in a scaffolding accident, you might have a viable personal injury claim for any time you have been out of work, the costs of your treatment and rehabilitation, your pain and suffering, and other damages. Let experienced counsel take care of organizing your bills, attaining statements from expert witnesses, and dealing with the other parties’ attorneys. These are just a few of the critical, complex tasks that a personal injury attorney will handle for you while you concentrate on healing and getting back on your feet again.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury due to a scaffolding accident. Contact us now at (601) 790-1505.

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Experienced Mississippi Personal Injury Attorney Explains: Failure to Monitor Errors

When you go to a medical clinic, a hospital, or any other medical facility, you may think that the operation or procedure you are undergoing poses the greatest danger to your health. While there is risk in any procedure, here in Mississippi I see a large number of injuries occur as a result of a “failure to monitor” a patient after a procedure is completed. So while a failure to monitor a patient may seem benign compared to a procedure that goes wrong, the results can be just as harmful and even fatal.

What is a Failure to Monitor Error?

Many medical procedures require some sort of monitoring after the procedure is complete. That requirement is the reason why you are not just immediately discharged after a medical procedure. Instead, you usually sit and rest for a period of time and your vital signs are taken periodically. There are many examples of procedures requiring this sort of period of monitoring, including any procedure requiring anesthesia, dialysis, child birth, and procedures requiring multiple drugs that interact. Other situations requiring monitoring are less acute, such as the monitoring of an elderly person who is confined to a bed to make sure he or she does not develop bed sores.

The responsibility of monitoring a patient is spread across the medical facility, but includes the physicians involved, nurses, and other medical professionals charged with monitoring a patient’s health and safety.

What is Negligence?

You are not necessarily due a settlement simply because you something unfortunate occurred in the course of your medical care, and there is a difference between something accidentally or unavoidably occurring during a medical procedure and negligence. You cannot recover damages based simply on an unfortunate, unavoidable occurrence, but you may be able to recover a tremendous settlement once negligence is established. But how is medical negligence different from an accident?

Negligence means that a health care professional or health care-associated establishment fails to provide care in line with the generally accepted standards, and the individual is injured as a result. To establish negligence based on a failure to monitor you will have to show:  a) you were under the care of a medical professional; b) the medical professional failed to meet the “standard of care” for monitoring you; and c) you were injured as a result of that failure.

What Does the “Standard of Care” Mean for Monitoring?

Simply put, malpractice occurs when the patient’s medical care does not meet current medical standards. You do not necessarily need to be monitored constantly; however, there is a standard for how often your vital signs are to be taken and how soon you are to be sent home. If a medical professional fails to meet that standard, their behavior is considered negligent.

What Should You Do If You Were Injured as a Result of a Failure to Monitor?

Serious infections, injury, and even death can result from a medical professional’s failure to monitor you adequately in conjunction with a medical procedure. You deserve compensation. Contact an experienced personal injury attorney immediately and let experienced personal injury counsel take care of preserving medical records, dealing with aggressive opposing counsel, attaining expert diagnoses, and dealing with insurance companies. These are important tasks that an only a personal injury attorney can handle for you.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury that you believe is due to medical malpractice.

Barrett Law has the experience to take on defense attorneys and insurance companies that are focused on denying your compensation for your injuries.  Contact us now at (601) 790-1505.

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Experienced Mississippi Personal Injury Attorney Explains: Needle Stick Malpractice Claims

One of the most common forms of medical malpractice that I see here in Mississippi is from “needle sticks.” This sounds benign, but the negligent pricking or cutting of a patient can lead to serious infections and disease. Those are serious consequences, and that consequence is compounded when a person loses their livelihood and lifestyle as a result of a needle stick. Even worse, needle sticks are commonly the result of avoidable malpractice.

Needle Sticks

According to the Centers for Disease Control, or CDC, there is a tremendous needle stick problem in the United States:

The Centers for Disease Control and Prevention (CDC) estimates that about 385,000 sharps-related injuries occur annually among health care workers in hospitals…It has been estimated about half or more of sharps injuries go unreported. Most reported sharps injuries involve nursing staff, but laboratory staff, physicians, housekeepers, and other health care workers are also injured.

A sharps injury is a penetrating stab wound from a needle, scalpel, or other sharp object that may result in exposure to blood or other body fluids. Sharps injuries are typically the result of using dangerous equipment in a fast-paced, stressful, and understaffed environment. These strenuous demands often produce feelings of fatigue, frustration, and occasionally anger. In the operating room, for example, health care personnel do not have the luxury of “taking a break,” but must continue with their duties until the procedure is completed. These conditions can increase the risk of injury and infection for health care workers.

Health care workers may also incur injuries from improper procedures, such as passing sharps hand-to-hand between team members, placing sharps in a disposal container, or failing to use a safer sharps device. A report from the Exposure Prevention Information Network (EPINet) found that nearly half of all sharps injuries occurred during use of the sharp, and of the nearly 40% of needle injuries which involved a safety designed needle, the majority occurred before activating the safety device. Moreover, the report also showed that many sharps injuries occurred in patient rooms among nurses and operating rooms among surgical team members.

As I said above, the consequences of needle sticks can be extreme. Common consequences are Methicillin-resistant Staphylococcus aureus (MRSA), Herpes, Human Immunodeficiency Virus (HIV), Syphilis, Maralaria, Typhus, Spotted Fever, and many more. That is a list of potentially life-threatening infections.

 

What is Negligence?

Believe it or not, accidents do happen in the medical environment. You are not due a settlement simply because you were stuck with a needle at the wrong time. However, there is a difference between something accidentally or unavoidably occurring during a medical procedure and negligence. You cannot recover damages based simply on an unfortunate, unavoidable occurrence, but you may be able to recover a tremendous settlement once negligence is established. But how is medical negligence different from an accident?

Negligence means that a health care professional or health care-associated establishment fails to provide care in line with the generally accepted standards, and the individual is injured as a result. To establish negligence based on a needle stick you will have to show:  a) you were under the care of a medical professional; b) the medical professional failed to meet the “standard of care” for the handling of needles or for a safe workplace; and c) you were injured as a result of that failure.

What Does the “Standard of Care” Mean?

Simply put, malpractice occurs when the patient’s medical care does not meet current medical standards. This failure may be due to a physician or medical provider not staying current with their training, a failure to perform the correct procedure at the right time, a failure to adequately supervise or train nurses and other support staff, or poor sanitation within the medical environment.

Needle prick injuries can be caused by a number of different factors. Poor medical facility sanitation, lack of staff training, overworked staff, improperly administered protocols, and poor record-keeping.  Each of these areas has an associated standard care that medical professionals must meet.

What Should You Do if You Were Stuck by a Needle at Work?

I sometimes speak with Mississippi clients who have received an offer to settle their case after a needle stick causes a dangerous infection; they are sometimes offered a quick settlement in exchange for your agreement not to pursue a legal challenge.  Do not accept these “low-ball” offers, as tempting as they may be at the time.

Instead, contact an experienced personal injury attorney immediately. Let experienced personal injury counsel take care of preserving medical records, dealing with aggressive opposing counsel, attaining expert diagnoses, and dealing with insurance companies. These are important tasks that an only a personal injury attorney can handle for you. If they are handled poorly by an attorney without numerous personal injury cases under his or her belt, they may be done ineffectively, costing you a tremendous amount of compensation.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury that you believe is due to medical malpractice.

Barrett Law has the experience to take on defense attorneys and insurance companies that are focused on denying your compensation for your injuries.  Contact us now at (601) 790-1505.

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Mississippi Whistleblower Lawyer Explains New Whistleblower Program Aimed at Opioid Epidemic

Are you an employee of a pain-management clinic, drug testing facility, or physician that makes opioid prescriptions? If you are witnessing fraud or abuse in the distribution of opioids, you may be able to become a whistleblower under a new U.S. Department of Justice (DOJ) Prescription Interdiction & Litigation (PIL) Task Force.

On February 27, 2018, Attorney General Jeff Sessions announced the creation of the Department of Justice PIL Task Force, an effort to fight the prescription opioid crisis.  The PIL Task Force’s goal is to use the DOJ’s law enforcement resources to go after those who are prescribing and manufacturing and dispensing opioids illegally. This will become a whistleblower issue because the DOJ is extending the benefits and rights of the False Claims Act—the federal law that allows for whistleblowers to be compensated and protected for reports of fraud—to whistleblowers in the medical field.

If you work in the medical field and are witnessing opioid distribution abuse, you may now be able to attain your compensation based on a tip under this new PIL program. To attain compensation, you will require the help of an experienced whistleblower attorney and advice regarding whether the conduct you have observed constitutes fraud.

The DOJ’s PIL press release stated in part:
Over the past year, the Department has vigorously fought the prescription opioid crisis, and we are determined to continue making progress. Today, we are opening a new front in the war on the opioid crisis by bringing all of our anti-opioid efforts under one banner,” said Attorney General Sessions.  “We have no time to waste.  Every day, 180 Americans die from drug overdoses.  This epidemic actually lowered American life expectancy in 2015 and 2016 for the first time in decades, with drug overdose now the leading cause of death for Americans under age 50.  These are not acceptable trends and this new task force will make us more effective in reversing them and saving Americans from the scourge of opioid addiction.”

The PIL Task Force will combat the opioid crisis at every level of the distribution system.  At the manufacturer level, the PIL Task Force will use all available criminal and civil remedies available under federal law to hold opioid manufacturers accountable for unlawful practices.  The PIL Task Force will build on and strengthen existing Department of Justice initiatives to ensure that opioid manufacturers are marketing their products truthfully and in accordance with Food and Drug Administration rules.

The Department will also use all criminal and civil tools at its disposal to hold distributors such as pharmacies, pain management clinics, drug testing facilities, and individual physicians accountable for unlawful actions.

The PIL Task Force will use criminal and civil actions to ensure that distributors and pharmacies are obeying Drug Enforcement Administration rules designed to prevent diversion and improper prescribing.  It will use the False Claims Act and other tools to crack down on pain-management clinics, drug testing facilities, and physicians that make opioid prescriptions.

What Should You Do if You are Considering a Whistleblower Claim?

Are you considering filing an opioid whistleblower case under this new PIL program? To attain your compensation, you will require the help of an experienced whistleblower attorney to decide whether the conduct you have observed constitutes fraud. Evidence gathering, dealing with the federal government’s attorneys, important deadlines, and filing requirements make your representation both complex and time-sensitive.

Call Barrett Law now at (601) 790-1505 if you think you may be an opioid whistleblower.

Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower judgment and losing your career and livelihood. Call our seasoned Mississippi Whistleblower Lawyer today.

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Experienced Mississippi Personal Injury Attorney Explains: Whiplash Is Real

We have a long history of representing the people of Mississippi who have been injured in car accidents. The most common injury they experience is whiplash, an injury often caused by the neck extending violently, often as the result of a rear-end collision. There is no one tell-tale whiplash symptom, but our clients routinely complain of the sudden onset of neck stiffness, dizziness, neck pain, headaches, decreased range of motion in the neck, numbness, blurred vision, disrupted sleep, and memory problems to name just a few.

Whiplash’s Causes

You have ligament the runs down the surface of your spine that gives your neck stability. Your head weighs about the same amount as a bowling ball. When you are in a car accident, your head violently extends forward or backward, causing that weight’s momentum to stretch or tear that ligament. That stretching or tearing is whiplash. The damage can be compounded if the head’s momentum also pulls against other muscles in the back and neck, spraining or tearing them as well. In extremely serious cases, the whipping of the spine can also result in damage or cracking of vertebrae in the neck and back.

Whiplash Treatment

Most forms of whiplash are treatable. If you follow your doctor’s directions, you should be able to recover from whiplash received in a car accident. Most treatments involve icing, heat, over the counter and prescription pain killers, and exercises aimed at restoring flexibility to your neck ligaments. While a popular prop in television shows, doctors usually urge patients to avoid immobilizing the neck with devices like a foam neck ring are to be avoided. When you completely immobilized the neck, the ligaments can tighten, and flexibility may not be restored.

Usually, by carefully following the advice of a medical professional, your whiplash injury should resolve within a few months. Unfortunately, this is not always the case, however, and other accident victims are forced to live with pain for longer, sometimes even permanently.

Financial Compensation for Whiplash Injuries

Whiplash is a serious injury that, while usually only temporary, can cause pain, discomfort, and work absences. To have a valid claim, you will need to seek medical attention immediately after your car accident. Waiting too long may result in an insurance company denying your claim, alleging that your injuries were caused by some subsequent event.  You can receive compensation for loss of work, out of pocket medical expenses, and any sick time you used as a result of your injury. You may also receive some compensation for your pain and suffering, although that is usually quite limited in a whiplash case. Regardless of how serious your injury and how significant your financial losses, your best bet is to contact an experience Mississippi personal injury lawyer to review your case.

What Should You Do if You or a Loved One is Injured In a Car Accident?

If you or a loved one has been injured in a car accident, either an insurance claim or lawsuit may be your best tool for receiving the compensation you deserve. Receiving that compensation will require consultation with an experienced personal injury attorney.  Getting your whiplash injury assessed competently and quickly is vital, and hiring counsel lacking specific experience with Mississippi‘s laws will lead to frustration and a settlement that is a fraction of what you deserve—if you receive anything at all.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you or a loved one has been injured.

Contact us now at (601) 790-1505, to get experienced counsel on your side.

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