Disability discrimination may be involved When Does the Statute Begin to Run in Medical Malpractice Cases? Medical malpractice occurs when a person is injured by the negligence of a health care practitioner such as a doctor, nurse, dentist, nursing home, pharmacist etc. Because professionals are held to a high standard of behavior, whenever they fall short of that standard, there may be a basis to file a medical malpractice lawsuit. At the Law Offices of Bailey & Burke, our medical malpractice lawyers represent clients injured by Medical Negligence including but not limited to those injuries caused by: $1.7 Million recovery for the family of a woman whose mole removal was never followed up with a pathology evaluation, resulting in delayed diagnosis and treatment of malignant melanoma and eventual metastasis and death. Please note that strict liability in this instance does not mean that liability will automatically attach once the plaintiff in injured. In order for a manufacturer to be found strictly liable, the plaintiff must prove that the product was defective, that the defect was caused by the manufacturer or supplier and that the defect caused the plaintiff's injuries. See Kerr v. Corning Glass, 169 N.W.2d 587 (Minn. 1969). I have the same expectations of psych MDs, by the way. the issues may be harder to define, but certainly how much experience in treating a particular area, licensure, malpractice, etc. are legitimate questions. I don't have to know the doc's personal experiences of medical/MH/life issues to determine skills, but a doc should be able to give a carefully reasoned explanation of own skills/limitations. With psychiatry, I always thought it was incumbent upon the doc to have self knowledge sufficient to identify and appropriately refer clients who he/she cannot treat - ie, if you are in the midst of your own messy divorce, don't take on new clients with marital issues, etc. Yes, life is not always this neat and tidy, but isn't that why psych MDs have their own clinical supervision?? I have nothing but praise for Shaun and Paula regarding my disability claim. They not only are on the ball with getting my case resolved, they also The gender of a patient did not have a significant impact What is needed to succeed with a clinical negligence case? At Polewski & Associates, the #1 type of dental malpractice case we are seeing today involves dentists designing and placing implant and denture systems when they don't know what they are doing. Some of these dentists have had just one weekend course in these complicated and expensive procedures, and then claim to be experts at it. We even had a case where the dentist had no training at all beyond watching a videotape. Lawyer Companies Easley SC.
Large personal injury law firm seeking a medical malpractice paralegal to assist with preparing Complaints, Answers, Motions, Affidavits, Stipulations and Bills of Particulars. Transcribe dictation. Must have minimum 5 years experience in a law firm. Prep Mass. Gen. Laws Ann. ch. 260, paragraph4 and ch. 231, paragraph60D Last week we saw that there was no situation in which QBE could claim indemnification from Maloof. How about contribution? malpractice liability and other requirements that are more or less stringent than what is presented here Examples of these resources include: CPT Assistant (subscription available in Patient Services) In the meantime, while we deal with the reality of an omnipotent state that threatens the rights of parents and children, I encourage other parents to not only be careful in selecting your child's pediatrician, but be aware of the attitudes of any pediatricians who may share a practice with him or her, since their actions can also have grave repercussions on your family's well-being. Norma E. Pearce v. Carl R. Register, III and Lisa L. Register - Dental Malpractice Attorneys. An important decision was made not to make certain aspects of this safety process mandatory. That is because there was a risk that innovation might have been stifled if a single approach was adopted and forced upon everyone. Considering this is all very new, it is logical for different stakeholders to explore the various options that might work best to promote patient safety. Hopefully, with the extra leeway at the start, these entities can find strategies that work best which can then be adopted by other institutions down the road. It will be interesting to see how all of this develops in the coming months. Publication information: Article title: Legal Malpractice Statutes of Limitation: Overview and Pennsylvania Case Study. Contributors: Christof, Joseph S. D., II - Author, Farrar, Brett W. - Author, Flynn, Michael P. - Author. Journal title: Defense Counsel Journal. Volume: 77. Issue: 4 Publication date: October 2010. Page number: 485+. International Association of Defense Counsels. COPYRIGHT 2010 Gale Group. Mr. Jeffrey Rager and Rager Law Offices can help. Want an icon to show up when you leave a comment? On this gravatar-enabled site, all you have to do is upload your custom icon at
Miss Killip, who is due to give birth to her first child in July this year, had hundreds of pounds worth of treatment, including the removal of two rotten teeth and multiple root canal treatments. Alternatively, you can call us on 0800 014 7481 and speak to one of our specialists. Mastagni Holstedt is located in Sacramento, California. The law firm specializes in employment and labor law. For over 35 years, the attorneys have dedicated their careers to fighting for clients. They will stand up for you in all federal and state administrative offices and courts.... The orthodontist breached the duty of care by failing to provide the kind of treatment that a reasonably skilled and competent orthodontist would have provided given the circumstances that led to the patient's injury; Lake Placid Office 72 Olympic Drive Lake Placid, NY 12946 Map & Directions Cases related to medical malpractice like many civil lawsuits, sometimes take quite a while to reach a final resolution. That is particularly true if the case goes all the way to trial or if various discovery issues are contested throughout the process. The general rule is that the more agreement there is on various issues, then the quicker a final decision is reached. Tampa Car Accident and Serious Personal Injury Lawyers Complete the form below to setup your free initial consultation with our experienced attorneys. Kabateck, who is leading the fundraising effort for the consumer attorneys, estimated his side would raise $10 million. Can I claim for medical negligence? Easley South Carolina
Furr & Henshaw has been awarded an A-V Peer Review rated by Martindale Hubble, the highest rating available regarding legal ability and professional ethics. (a) Confirm to the claimant by certified mail, return receipt requested, that the filing has been officially received and whether or not the named defendant or defendants have qualified under this Part. Malpractice Payouts to U.S. Veterans Reach 12-Year High - Businessweek Christopher Ellison went to a veterans medical center in Philadelphia to get eight teeth extracted in 2007. What should have been a routine dentist visit left him permanently incapacitated. The $17.5 million Ellison and his family received in a malpractice judgment against the Department of Veterans Affairs was the largest against the agency in a dozen years and one of more than 400 payments the U.S. government made last year to resolve VA malpractice claims, according to agency records obtained through a Freedom of Information Act request. The total cost came to $91.7 million, also the highest sum in at least 12 years. The cases against the VA have included missed diagnoses, delayed treatment and procedures performed on wrong body parts. U.S. lawmakers and veterans' advocates say they reflect deep flaws in the agency's health-care system even as the department tends to more former troops, including those who fought in Iraq and Afghanistan. The rapid rise in malpractice judgments against VA mirrors the emerging pattern of preventable veteran deaths and other patient safety issues at VA hospitals, Representative Jeff Miller, a Florida Republican and chairman of the House veterans committee, said in an e-mailed statement. What's missing from the equation is not money or manpower it's accountability. 'Not Warned' Miller's committee held a hearing in Pittsburgh today to probe lapses that include a Legionnaires' disease outbreak at a VA hospital that killed at least five veterans and also led to malpractice claims. The VA's inspector general is conducting a criminal investigation into the outbreak, which involved bacteria in the hospital system's water, Robert Petzel, the department's undersecretary for health, said during the hearing. Family members of veterans who died after being exposed to the bacteria said the VA didn't immediately let relatives know there was a potential health problem. For sixteen days my father was allowed to shower and drink the water without any warning, said Robert Nicklas, whose father, William, a Navy veteran, died last year after the Pittsburgh VA outbreak. Why were we not warned? More Patients More veterans are taking advantage of VA medical care, including those requiring more complex treatment. As many as 1.2 million additional soldiers are due to become veterans in the next four years. Some of the soldiers from the wars in Iraq and Afghanistan are suffering post-traumatic stress disorder while others are living with injuries that would have been fatal in World War II or the Vietnam War. The age of recent veterans may be a contributing factor in the rise of claims payments, said W. Robb Graham, an attorney in Cherry Hill, New Jersey, who has represented former troops filing claims against the agency. Younger claimants tend to get larger malpractice payouts, often tied to how long victims will suffer, he said. The median age range of veterans who served after the Sept. 11, 2001, terror attacks in New York and Washington was 25 to 34 years old, according to a 2011 Labor Department study. That's compared to veterans who served during the World War II, Korean War and Vietnam eras, whose median age range was 65 and older, the study said. Higher Payments If the VA cuts off the wrong leg of a veteran who is 70 years old and his life expectancy is 75, he's entitled to five years of damages, Graham said in a phone interview. If they cut off the wrong leg of a veteran who is 25, you're now dealing with someone who is entitled to 50 years of damages. The department has 152 hospitals and about 19,000 doctors. Last year, the VA tended to 5.6 million veterans, a 32 percent increase from fiscal 2002, according to agency data. It's the largest health-care system in the U.S., and they do an incredible amount of good work, said Jerry Manar, deputy director of national veterans service at the Kansas City, Missouri-based Veterans of Foreign Wars. However, there are so many more things they could do in terms of oversight that they don't appear to be doing now. As a consequence, sometimes you wind up with poor results that were avoidable. The department is deeply committed to providing the quality care and benefits our nation's veterans have earned and deserve, Gina Jackson, a VA spokeswoman, said in an e-mail. If employee misconduct or failure to meet performance standards is found to have been a factor, VA will take appropriate corrective action immediately. Taxpayers' Bill The 2012 malpractice payments stemmed from both court judgments and administration settlements. The payouts, made by the U.S. Treasury's Judgment Fund, rose 28 percent last year from about $72 million in 2011, the VA records showed. Taxpayers have spent at least $700 million to resolve claims filed against the veterans agency since 2001, according to the data. Many valid VA malpractice claims never get paid, said attorney Graham, who served as a judge advocate general in the Navy in the 1980s. Some are rejected because paperwork isn't filed properly, he said. My strong belief is a lot of lawyers don't know how to sue the VA, he said. Some law firms aren't interested in representing people suing the federal government because of laws that limit attorney fees to 25 percent of malpractice awards, Graham said. 'An Alarming Pattern' In a May letter, Representative Miller asked President Barack Obama to help address an alarming pattern of serious and significant patient care issues at VA medical facilities. The House panel is reviewing the Legionnaires' outbreak in Pennsylvania, and the department's handling of two overdose deaths and two suicides at an Atlanta veterans hospital. Also under scrutiny are poor sterilization procedures and possible patient exposure to infectious diseases such as HIV at VA locations. We are not here as part of a witch-hunt, to make VA look bad or to score political points, Miller said during the hearing. We simply want to ensure that veterans across the country are receiving the care and benefits they have earned. The agency isn't holding employees, especially executives, accountable for preventable deaths, Miller said. Department officials also gave bonuses to doctors even if they practiced without a license or left residents unsupervised during surgery, according to a Government Accountability Office report last month. VA Bonuses The recipients of $150 million in bonuses to VA health-care providers in fiscal 2011 included a radiologist unable to read a mammogram and an emergency-room doctor who refused to see patients, the report found. Miller has said the VA employees should be punished not rewarded for their incompetence. The number of malpractice claims filed with the VA has remained at 1,544 for the past two years, said Jackson, the agency spokeswoman. The leveling off came after a 33 percent spike in cases to 1,670 between 2010 and 2005, according to an October 2011 GAO report. The VA's malpractice payment rates may be similar to national levels, said Anupam B. Jena, an assistant professor at Harvard Medical School and physician at Massachusetts General Hospital. Ellison's Case Less than 25 percent of the claims filed against the veterans agency result in payment, according to the VA. About 20 percent of malpractice claims filed with the largest insurer of physicians between 1991 and 2005 resulted in a payment, according to a 2011 study published in the New England Journal of Medicine, said Jena, who worked on the report. Last year's noticeable increase in medical malpractice payments was partly due to an exceptionally large $17.5 million court judgment, Jackson said in an e-mail. Such payments are highly variable from year to year, she said. That record judgment went to Ellison, who was honorably discharged from the Marines in 2001. He was a 49-year-old electronics technician from Bridgeport, Pennsylvania, in 2007 when he visited the dentist to have eight teeth extracted because of tooth decay and gum disease. During the procedure at a VA facility in Philadelphia, Ellison's blood pressure dropped several times to unusually low levels, his attorney, Shanin Specter, a partner at Kline & Specter P.C., a law firm in the city, said during a 2011 trial. 'Catastrophic' Stroke Ellison wasn't sent to the emergency room, and the dentist continued with the extractions, said Specter, son of Arlen Specter, the former senator from Pennsylvania who served as a Republican for more than 28 years and became a Democrat during his last 20 months in office. Arlen Specter died last year. Ellison had a catastrophic stroke while driving his car shortly after leaving the dentist office, Specter said. The government argued that the veteran's existing health problems caused the stroke, not the care he received at the VA. Ellison had a history of smoking, diabetes, hypertension and many other stroke risk factors, Thomas Johnson, an assistant U.S. attorney, said during the 2011 trial in U.S. District Court in Philadelphia. After the stroke, Ellison was left with limited vocabulary, severe and pervasive deficits in all mental abilities, and negative personality changes, according to court documents. He wound up being totally incapacitated, requiring 24-hour-a-day care, Specter said. This is about as devastating an injury as a person can have, and that's what the award reflects. To contact the reporter on this story: Kathleen Miller in Washington at Kmiller01@ To contact the editor responsible for this story: Stepha A commonly held belief by victims of medical malpractice is that by signing a release or informed consent form prior to the procedure, that they waived their ability to bring a medical malpractice claim. This is not true. The effectiveness of surgical procedures for the eyes has advanced rapidly in recent years, but with an increase in the amount and range of operations performed, comes new risks. Patients often pay privately to correct conditions such as long or short-sightedness. It is an expensive option and a patient should expect to receive such treatment without unnecessary and avoidable complications. Ensure cases are progressed in timely manner to hit monthly targets If, however, your child has suffered a birth injury that you feel was a direct result of hospital negligence, you should consult a solicitor as soon as possible. If it can be proved that prove that your healthcare team acted negligently and that their conduct was a direct cause of injury you may have a strong claim for hospital negligence compensation. Coles Miller has an experienced team of family solicitors and can provide legal advice to individuals involved in disputes relating to marriage and families. One important component for Maryland medical malpractice lawsuits is the damage cap. Maryland limits the amount of money that a victim of health care negligence can receive for non-economic damages. A plaintiff can receive any amount of proven economic damages; however, judges will reduce a jury's verdict for non-economic damages to the maximum amount allowable by law. The amount of non-economic damages recoverable is determined based on the year of the negligence. Click here to see a chart on Maryland's non-economic damages cap. For negligence that occurred in 2015, the cap is $755.000. Verdict against VA for ex-Marine who suffered a stroke following dental procedure. The verdict includes periodic payments. ( Ellison )
Contact an Orlando Medical Malpractice Attorney from NeJame Law 2. Although SG will bond skin, it does not stick to mucous membranes for long because they constantly secrete moisture. It will come off onto a dry tissue. THINK ABOUT IT DR. ROSENBLATT....I certainly hope that you are not mercury poisoned! Please select a city, county, or metro to find local New Hampshire Medical Malpractice lawyers. This study confirms what other reports have found on the past, that there are recognized increases in risk of injury or death at different times during the week or the year. Dental Malpractice Attorneys Easley SC Dental malpractice may occur when a dentist or other dental care provider fails to properly treat or diagnose an oral health condition, causing serious illness or even death. Negligent care or treatment also may include: advising clients about the letting process We have been providing our clients with exceptional services and results since 1957. Personal Injury/Medical Malpractice/Workers' Compensation/Business Litigation Philips Branch - Georgia medical injury attorneys, Alabama malpractice lawyers.. Ah, for the glamorous life of a cosmetic dentist. No more bratty kids or cranky codgers filling up the waiting room. No more extractions, fillings, or root canals. You''ll spend your afternoons bleaching Lindsay Lohan''s teeth or straightening Ashton Kutcher''s smile. Who knows? You could end up with your own Extreme Makeover-style reality TV show. 3... More... $0 (03-04-2016 - ok) PURPOSE AND SCOPE: Under the direction of the Associate General Counsel, the Assistant General Counsel II Litigation is responsible for representing the interests of internal FMCNA business clients in investigations, negotiations, litigation and appeals. Dental Malpractice: Even seemingly minor dentist errors can result in long-term, serious harm. In addition to severe pain or numbness, someone who has been subject to poor dental care will potentially undergo extensive, expensive corrective work to compensate for these mistakes. A failed or delayed diagnosis is a particularly traumatic malpractice situation for any patient to experience, as these situations will normally cause a patient to miss lifesaving or less unpleasant treatment plans, thereby resulting in more difficult experiences than what would otherwise be necessary for the patient. While these malpractice cases may be more difficult to obtain a settlement for, it is certainly not impossible for them to be carried out efficiently in a court of law by the correct skilled lawyer. But that doesn't mean that there AREN'T completely baseless ambit claims being filed every day. Talk to any doctor and you'll hear stories which might help you understand why they get so defensive about this subject. I liked how my attorney was with me every step of the way, helping and explaining everything. He was very nice and understanding! Dental malpractice is defined as the failure of a dental professional to provide diagnosis and treatment that meets the good and accepted standards of dental care existing in the community. Failing to provide care commensurate with these standards means that the dental professional has deviated from good and accepted standards and thus committed dental malpractice. Boonville, MO - The State of Missouri charged Brian Adkison, age 25, with rape and deviate sexual assault for raping his ex-girlfriend in 2013. The victim testified that she awoke about 5:30 a.m. on May 4, 2013 to find the Defendant in her bedroom and he forcibly raped her. She and the Defendant had dated for a time in 2011 and had intermittent contact with her before May 4, 2013. The victim is a... More... $0 (07-18-2015 - MO) The four Veterans Affairs Medical Centers in North Carolina settled 29 wrongful death cases worth $4.75 million in the decade after the Sept. 11 attacks, according to a new report from the nonprofit Center for Investigative Reporting. Phone: (617) 542-1000 Fax: (617) 542-1359
Defective medical devices also may factor into a malpractice case. baby was born blue and/or did not cry upon birth, Defended in murder of elderly man in his own home by the defendant who was a chronic alcoholic and drug user. If you've been hurt in Columbus, Decatur, or anywhere in the Atlanta, Georgia area and you need an experienced medical malpractice lawyer, please call Watkins, Lourie, Roll & Chance, PC today at 404-662-3552 for a free consultation. 4) An EKG performed in the VAMC Emergency Department revealed evidence of an old inferior wall infarct and definite up sloping ST segment depression in leads I, VL, and V2 through V5. When a legal malpractice attorney takes a case, he or she will make an argument in an attempt to prove four main points: For more than thirty years, lingual nerve attorney Steven B. Effres has obtained justice for victims of lingual nerve injury. He is nationally-regarded as a top lingual nerve injury litigator. In addition to fighting aggressively on behalf of clients in California, Effres & Associates often represents lingual nerve injury victims outside of California, and other attorneys across the country consult with attorney Effres for legal insights to help their own clients with lingual nerve injury claims. Teaching hospitals are a national treasure in the US. (ps. sorry this is so long - I got on a soapbox for teaching hospitals again.) Address: 901 Ponce De Leon Boulevard, Suite 500 - Coral Gables, FL 33134 There is no precise number of cases for dental malpractice. Insurance companies in Illinois that handle such cases do not release any details about possible incidents. The American Dental Association, based in Chicago, presents a sunny scenario with few cases of dental malpractice.
We have also provided professional consultation to medical professionals in connection with business issues, employment issues, licensing and some regulatory matters. Limit on all claims if wrongful death cases is filed with two or more beneficiaries Medical Accident & Clinical Negligence Claims Facts: The plaintiff brought a medical malpractice action against a doctor who was insured by the defendant insurance company. At the time of the alleged medical malpractice the doctor had two insurance polices, one being with the defendant with a limit of liability for each claim in the amount of $40,000 and imposed upon the insurance company the duty to defend the doctor in medical malpractice suits. At time the underlying action was filed against the doctor, both carriers appointed attorneys to represent the doctor. The other carrier's attorney entered into a settlement agreement with the victim's estate and but did not notify the defendants. At this point, the attorney the defendant's appointed to represent the doctor in the underlying action withdrew his appearance. No one ever filed a motion to join the hospital as a third-party defendant and under the local law, joinder of third-party defendants had to be within 6 months from the date when the defendant's answer was filed. After the 6 months passed the doctor made a motion to join the hospital, which was denied. The jury set plaintiff's damages at $89,318, $39,318 of which was not covered by the doctors insurance. Long Island (516) 741-5000 - Brooklyn/Bronx/Queens (718) 529-5555 - Manhattan (212) 529-3699 Poor tire tread is being blamed in a car accident that claimed the lives of four sisters on I-95 Memorial Day. The group - 11 total in a sport utility vehicle - were in Titusville, on their way home from celebrating their Amends chapter 900 to require that all medical malpractice claims be submitted to arbitration panels consisting of a judge, doctor and an attorney with a medical background and that the submission of such claims to arbitration shall be in lieu of the mandatory mediation prescribed in paragraph52-190c. The man who oversaw the Pittsburgh VA during a legionnaires outbreak that led to five veterans dying and 21 becoming ill, received a $62,895 service award shortly after the outbreak was revealed. If pre-suit mediation is not agreed to, the mediator certifies that mediation is not appropriate, or mediation is unsuccessful, the potential plaintiff may initiate a civil action as provided in the Vermont Rules of Civil Procedure. The action shall be filed: (1) within 90 days of the potential plaintiff's receipt of the potential defendant's letter refusing mediation, the failure of the potential defendant to file a responsive certificate of merit within the specified time period, or the mediator's signed letter certifying that mediation was not appropriate or that the process was complete; or (2) prior to the expiration of the applicable statute of limitations, whichever is later. Our firm handles all types of medical malpractice cases where injury or death has followed, including:
An absence of insurance is generally a sign of double trouble, signifying that rates have gone up because of high claims. Many commercial insurance companies pulled out of New York years ago because this is a very litigious state, high severity and high frequency, said Edward J. Amsler, vice president of Medical Liability Mutual Insurance Company , which is owned by its policyholders. Financially stable hospitals have responded by banding together in groups like Mr. Amsler's, setting premiums and reserves and sometimes sharing risks. AVOID THIS CHAIN!!!!!!!!!! I made an appointment with aspen dental 4 months ago and I went to two appointments to have my teeth cleaned and I had a series of appointments afterwards for follow up cleanings and to have a tooth removed, I'm no dentist but I would think that a tooth extraction would come first when the patient explains that it is giving them pain, this was not the case with aspen dental they made the most expensive part of the... Read more Medical malpractice cases are often quite complex, and not every unfortunate medical outcome means that malpractice was committed. Medical malpractice, or medical negligence, occurs when your doctor or other health care provider breaches the accepted standard of care and their failure causes the injury or death of the patient. This means that your health care provider acted or failed to act in a way that the wider community of health care providers finds acceptable. Refer to an appropriate medical specialist NHS indemnity arrangements, supra note 2, at 3. Back to Text Lawyer Companies Easley 29642 Practice Area: Federal Appellate Practice, Federal Trial Practice, Medical Malpractice, State Appellate Practice, State Trial Practice, Wrongful.. Dental Malpractice Lawyer in NYC Victims of dental malpractice or negligence can count on the expertise of a New York medical malpractice lawyer Category: legal malpractice attorney Failure to teach the patient the risks and rewards of a treatment plan and failure to get the informed consent of the patient for care In Georgia, the statute of limitations on medical malpractice cases is two years from the date of injury or death. It's important to keep in mind that the date of injury or death can come after the date of the incident that ultimately led to the injury or death.
MediPAC+ Dental - Dental Practice Management Software for Dentist across the world. MediPAC+ Dental helps you to organize your day-to-day Clinical Practice data. The product has most useful features like automatic SMS & Email Reminders to your patients. Helps you in better customer satisfaction,... cost of care and domestic assistance A judge in Newark yesterday threw out a legal malpractice suit brought by Thomas D'Alessio, former Essex County sheriff and county executive, against his administration's top lawyer. Surveyor Skilled Negligence Results In Strong Ruling : JMW Solicitors' scientific negligence legal professionals understand how troublesome it is when having put your life within the arms of health professionals something goes incorrect. The place this action or inaction, has a dangerous effect in your health, endangering your well-being, you might have been the sufferer of medical neglect. To be sure... Still Confused? Click Here to start our Livechat service NOW and speak instantly with one of our representatives Consumer Fraud Claims including FDCPA, FCRA TILA, TCPA, FACTA We at Baldo Law Offices invite you to contact us today to schedule a free initial consultation with personal injury attorney Frank Baldo to discuss your medical malpractice case. Call (610) 565-9500 or toll-free at 1-800-220-3352 today to find out how our passion, dedication, care and quality service can make a difference in your personal injury case. Re my education and experience. I am an x ray tech and litigation paralegal prior to 1985 and have investigated and adjusted med mal claims since. I have an AIC and AIS professional designation and near my RPLU designation. To date,I have settled more than 1000 complex liability claims and monitored more than 100 trials to verdict. I have many friends that are plaintiffs attorneys. I sort of know how insurance works, as much as anyone with my experience. PRI in NY is a big player and they have a $40 mil negative surplus. Interesting term isnt it? MLM had a $2 bil surplus now down to a couple hundred million. Remember Frontier Insurance? These firms are filled with bright people and they understand insurance. Investments are limited to certain conservative arenas and the market isnt doing well. AIG is the biggest in the world. I guess their time based model of investment should have kept them sober. Stephen D. Phillips is AV Preeminent Peer Review RatedSM by Martindale-Hubbell, the highest rating bestowed by peers in the legal community. Typically, the duty owed by a middleman is the duty to inspect and test the products or, at the very least, to warn the plaintiff as to the potential danger involved in using the product. However, the middleman is only required to fulfill this duty when he has reason to know that the product may be dangerous to a plaintiff in its normal use. See Kirk v. Stineway, 187 N.E.2d 307 (Ill. 1963).