30 08, 2017

Med Pay Basics

2018-01-08T09:28:13-07:00August 30th, 2017|med mal cases, Melissa Winthers|

Additionally the med pay insurer no longer has a right of subrogation for collisions after January 1, 2009.  That means the med pay insurer no longer has a right to be paid back out of the patient’s settlement.  In our experience, it is very rare that the named insured rejects the automatic $5,000 med [...]

30 08, 2017

Attractive Nuisance Doctrine Regarding Children’s Injuries Clarified

2017-08-30T22:06:48-06:00August 30th, 2017|Blog|

Earlier this year, the Colorado Supreme Court clarified the attractive nuisance doctrine as it relates to children receiving compensation for injuries caused by negligence.  The attractive nuisance doctrine is the concept that children cannot be expected to exercise the same judgment as adults when something looks fun buy may be dangerous. The case involved a [...]

30 08, 2017

Early Warning Signs of Brain Injury and Appropriate Documentation in the Brain Injury Case

2017-08-30T22:06:10-06:00August 30th, 2017|Blog|

For this month’s article, I wanted to share part of an article that I recently wrote for the Occupational Therapist’s Association.  The reason I wanted to share this article is that the warning signs of a concussion, which is a brain injury, are often overlooked in the Emergency Room.  Early care is crucial in maximizing [...]

30 08, 2017

Billed vs. Paid Put to Rest by the Colorado Supreme Court

2017-08-30T22:05:32-06:00August 30th, 2017|Blog|

I have previously written about how Colorado’s Made Whole statute affected the amount of medical damages an injured person could present in a lawsuit.  The statute says that the appropriate measure of an injured person’s medical damages is the full amount of their medical bills, not a discounted amount paid by health insurance.  It contains [...]

30 08, 2017

The New Made Whole Law

2017-08-30T22:03:14-06:00August 30th, 2017|Blog|

The new made whole law limits the rights of health insurance companies to get paid back out of an injured person’s recovery after a motorcycle accident.  Thus, it makes more of the recovery money available to injured people. The new law recognizes that when the health insurers demand repayment out of the injured party’s recovery, [...]

30 08, 2017

CONCUSSIONS IN SPORTS: Standard of Care and other Issues in Return to Play

2017-08-30T21:54:53-06:00August 30th, 2017|Blog|

By Amanda R. Pfeil, Esq.   Concussions in sports have been getting more attention over the last several years in the medical, legal, and media communities.  Right now, there is no way to prevent concussions from occurring in sports, but there are standards and laws in place to assist in protecting the athlete who sustains [...]

30 08, 2017

Vestibular Rehabilitation in Mild Traumatic Brain Injury/Concussion Management: The case for early intervention

2017-09-07T15:25:27-06:00August 30th, 2017|Blog|

By Melissa J. Winthers, Esq., Shapiro Winthers & McGraw P.C. & Heather Campbell, PT, DPT, MA   Eagle-Vail skier Mikaela Shiffrin hurtled down the Aspen slalom course reaching speeds of 40-75mph, head vertical, timing perfect, edging out her competitors by fractions of a second. Colorado Rockies first baseman Mark Reynolds hit a two-run homer off Milwaukee [...]

22 08, 2017

Concussion lawsuit by ex-Colorado Crush kicker Clay Rush an attempt to protect athletes at every level, attorney says

2017-08-23T17:05:59-06:00August 22nd, 2017|Blog|

Westwold Article, March 22, 2010 In recent years, the dangers of concussions has finally begun to receive serious attention across the sporting landscape. But a complaint filed in Denver District Court last week (read it here) alleges that this belated shift didn't take place in time to save former Colorado Crush kicker Clay Rush from what [...]

22 08, 2017

The Pressure to Perform – Soldiers and Athlete’s Reluctance to Report Brain Injury

2017-08-23T15:34:16-06:00August 22nd, 2017|Blog|

Colorado Neurological Institute The mind-set of professional athletes and military soldiers is similar when comparing the warrior mentality and altruism of both capacities. Social scientist Morris Janowitz averred, “Warrior spirit is not easily defined; it is based on a psychological motive, which drives a man to seek success in combat, regardless of his personal safety.” [1] Obviously, [...]

22 08, 2017

Year-end Car Insurance Review

2017-08-23T15:35:42-06:00August 22nd, 2017|Blog|

As year-end approaches, I try to get my house in order. You and your patients may do the same by reviewing your insurance coverages. Therefore, I thought it might be helpful to discuss the different aspects of car insurance coverage. Please feel free to pass this article along to your patients. We all want to [...]

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