Denver Personal Injury Lawyer

No Colorado DUI for Pot Use

Linda Chalat — Tue, 15 May 2012 17:41:17 GMT

A bill that would have set a limit on a driver’s allowable blood level of THC, the active ingredient in marijuana, was killed in the Senate during the special session. After the Senate voted down the bill on an informal vote, an effort to revive it failed on a 17-17 split. The missing vote was that of Sen. Nancy Spence, a Centennial Republican who was the deciding vote on a nearly identical bill in the legislature's regular session.

Earlier in the day, the Senate State, Veterans and Military Affairs Committee passed the bill 4-1 this afternoon. The bill received its final approval in the House yesterday morning. That meant the bill needed to pass only two votes — one yesterday and one today — by the full Senate to head to the governor's desk. Gov. John Hickenlooper has said he supports the bill.

The bill, HB12S-1005, would make it a crime to drive with more than a certain amount of THC — the psychoactive chemical in marijuana — in your blood. A nearly identical proposal appeared headed for passage during this year's regular legislative session. But it was sidetracked last week in the end-of-session fight over civil unions.

At the committee hearing, medical-marijuana activists successfully argued that the proposed limit — 5 nanograms of THC per milliliter of blood — is too low and would result in near-certain convictions for sober drivers. Also, medical-marijuana patients have no way of determining what 5 nanograms in terms of consumption and time frame.

Supporters of the bill counter that the vast majority of people would be impaired at 5 nanograms and would need to wait only about two to three hours after using to fall below the limit. They argue that, even though some people could be sober at 5 nanograms, it is important to send a strong message and keep Colorado streets safe.

Originally posted at InjuryBoard by Linda Chalat

With Warm Weather, Window Hazards

Linda Chalat — Fri, 11 May 2012 13:26:38 GMT

Now that the weather is warming, folks are opening windows to let the spring air inside. But, windows pose a serious risk to youngsters, as demonstrated this afternoon when a toddler was injured in a fall from a second-story window in Arapahoe County. The two-year-old fell from a window at The Vistas at Saddle Rock apartments and was taken to a local hospital.

Every year in the United States, nearly 5,000 children — mostly toddlers — fall out of windows; 28% require a hospital stay and approximately 20 die. Even a short fall of 10 feet can result in spinal injury, paralysis and fatal head injury.

Window falls are especially dangerous because of the height involved and the hard landing surfaces. And a window screen is NOT a safety device. Window guards, window locks or wedges or other means should be installed to keep the windows to a limited opening. Proper safety devices on windows save lives.

Window guards have been shown to reduce fatal falls by up to 35% as seen in a pilot study in New York City and the nonprofit product testing organization, ASTM International, has established voluntary standards to ensure window guards don’t interfere with emergency escape in a fire. In an apartment in a high-rise building, these devices should be considered essential safety equipment.

Window guards screw into the side of a window frame and have bars no more than 4 inches apart. They are sold in different sizes for various size windows and adjust for width. Guards must meet requirements for spacing and strength. In a home with young children it is critical that window guards that are installed have a release mechanism so that they can be opened for escape in a fire emergency. Guards that allow for escape in case of emergencies must be difficult for very young children to open.

Other safety devices such as window wedges or braces are available, and in some cases simply removing the hand cranks on casement windows is sufficient. Whatever measure is employed, ensure that windows do not open more than 4 inches.

Safe Kids Denver Metro also reminds parents and caregivers:

Keep windows closed and locked when children are around, and keep furniture and anything that a child can climb away from windows to reduce the chances of a child falling through a window. When opening a window for ventilation chose one that a child cannot reach.
If you have double-hung windows — the kind that can open down from the top as well as up from the bottom — it is generally safer to open the top pane, but growing kids may have enough strength, dexterity and curiosity to open the bottom pane. Don’t assume an unlocked window is childproof.
Set and enforce rules that your child cannot play near windows especially the activity many kids love – jumping on the bed.

Originally posted at InjuryBoard by Linda Chalat

Graduation Commencements Bring Traffic Congestion

Linda Chalat — Wed, 09 May 2012 18:00:32 GMT

The excitement of college commencement is a thrill to remember – but often those caught in the resulting traffic jams at our two large state universities have more painful memories of the events. So heads up on the graduation events taking place this weekend – and perhaps plan an alternate day to visit the respective college towns.

The University of Colorado is expecting about 20,000 attendees at Friday's spring graduation ceremony, which begins at 8:30 a.m. at Folsom Field. Stadium gates will open at 7 a.m., and the university recommends arriving early to avoid traffic as construction continues on Broadway in Boulder -- which borders the west side of campus. Parking will be available off of Regent Drive. The ceremony will be held at Folsom Field regardless of rain, and visit commencement.colorado.edu for more information.

And the Colorado State University Spring 2012 commencement ceremonies are at two venues — Lory Student Center and Moby Arena. There is no charge for any commencement parking.

Parking at the Lory Student Center — The Lory Student Center is located centrally on the main campus, and there will be free public parking in the pay-by-space numbered stalls in the parking lot north of the Lory Student Center on Friday and Saturday. There should be sufficient time between ceremonies to minimize parking congestion.

Parking at Moby Arena — Since Friday, May 11, is the last day of final exams and a typical workday, regular A-permit parking zones (Faculty and Staff zones) will be enforced until 4:00 p.m. on the main campus and in the Moby Arena Lot. Visitors can park in the Z (commuter) zoned portion of the lot west of Moby Arena, as well as any other Z (commuter) lots on campus. No parking is permitted in the 20 minute Loading Zones (except for loading and unloading), red/fire zones, and No Parking/Undesignated Areas (All vehicles must park in a clearly marked stall). There should be sufficient time between ceremonies to minimize parking congestion, but support staff will be present to direct traffic as necessary.

Additional information regarding parking can be obtained from the CSU Parking Services at (970) 491-7041.

Originally posted at InjuryBoard by Linda Chalat

Debt Collectors Bedside

Linda Chalat — Tue, 01 May 2012 14:44:09 GMT

Hospital visits are bad enough – first, because you are afflicted with some condition that prompted the visit, and then you have to worry about getting a massive infection while there – and now you have to worry about being harassed by bill collectors. Hospital patients waiting in the emergency room or convalescing after surgery are awaking to a debt collector at bedside.

One of the nation's largest medical debt-collection companies placed its employees in emergency rooms and other departments at two Minnesota hospitals, demanding that patients pay before receiving treatment, according to documents released Tuesday by the Minnesota attorney general. The documents say the company also used patient health records to coerce more money on overdue bills.

The company, Accretive Health, has contracts with dozens of hospitals around the country. Last January Attorney General Lori Swanson of Minnesota filed a civil lawsuit against the company alleging that it violated state and federal debt-collection laws and patient-privacy protections. Swanson has said that she was in discussions with state and federal regulators to prompt a widespread crackdown on Accretive Health's practices in other states.

Hundreds of internal company documents released by the attorney general's office demonstrate how increasingly aggressive medical-collection techniques have become when used against patients at hospitals across the country. As a growing number of hospitals struggle because of unpaid bills, they are turning to companies such as Accretive. To gain better collection numbers, the hospitals allow the collection service access to management of patient registration, scheduling and billing. Accretive says it has such arrangements with some of the country's largest hospital systems to help reduce their costs.

Indistinguishable from medical staff members, Accretive employees register patients, take down sensitive health information and champion aggressive bill-collection goals with incentives such as gift cards for staff members, the company records show.

Accretive boasts that it coaches its staff to focus on getting payment. Employees in the emergency room were told to ask incoming patients first for a credit-card payment. If that fails, employees are told to say, "If you have your checkbook in your car, I will be happy to wait for you," internal documents show.

Accretive is one of a group of debt-collection companies specializing in health-care collection. Last year, the publicly traded company reported $29.2 million in net income, up 130 percent from a year earlier.

Originally posted at InjuryBoard by Linda Chalat

Woman Gunned Down by Ex Had Sought RO

Linda Chalat — Fri, 27 Apr 2012 16:49:16 GMT

A California woman had sought an emergency restraining order against her estranged husband a week before he shot her in a murder-suicide on last week outside a divorce lawyer’s office in Petaluma, California.

A Petaluma police officer had telephoned a judge on April 9 with an emergency request for a protective order on behalf of 43-year-old school teacher. A Sonoma County judge denied the request, finding there was no present danger of domestic violence.

After the emergency request was denied, the teacher visited her divorce lawyer on Sunday for help obtaining a restraining order. As she left, her husband, Kevin Conover, was waiting outside. He shot her before turning the gun on himself.

The story highlights the very real danger inflicted upon women attempting to flee domestic abuse. There is no guarantee that a restraining order would have prevented the murder-suicide, but why not err on the side of caution when lives are at stack?

Originally posted at InjuryBoard by Linda Chalat

Law Day Focus on Court Access

Linda Chalat — Wed, 25 Apr 2012 17:02:04 GMT

Next Tuesday, May 1^st, is National Law Day. The 2012 Law Day theme, "No Courts, No Justice, No Freedom," underscores the importance of the courts and their role in ensuring access to justice for all Americans. The following points, as stated by the American Bar Association, highlights the perils facing our justice system.

The courts are essential to a free society.

Even the most eloquent constitution is worthless with no one to enforce it. If, as John Adams famously declared, we are to have a “government of laws and not of men,” we need open and accessible courts to ensure that everyone’s legal rights are respected.

The courts belong to everybody.

The quality of justice is not only the concern of lawyers and judges. It affects the health and well-being of the entire community. Even if you have never been inside a courtroom, you benefit from what happens there every day to ensure justice for all. As American Bar Association President Wm. T. (Bill) Robinson III has observed, “That courtroom must be open to protect families. That courtroom must be open to validate and protect contracts for business. That courtroom must be open to keep the wheels of justice turning. That courtroom must be open to defend our individual rights and to prove again and again that we continue to be a free society. All of that takes more money … not less and less money for our courts.”

The courts are “Society’s Emergency Room.”

The courts play a special role in protecting the least advantaged members of our society. In a 2011 report, a nonpartisan ABA Task Force on the Preservation of the Justice System said, “Given their historic role as the protectors of the least advantaged in our nation, the courts have rightly been called ‘Society’s Emergency Room.’ And never is that title so warranted as in times of economic distress. The same recession that has led legislatures to reduce access to our justice system has obviously increased the numbers of people who need it.”

The courts are important to families.

A bitter divorce, a custody dispute, or a contested will can hit a family hard. Courts provide an impartial forum for resolving these situations without undue delay so that people can get on with their lives.

The courts are important to businesses.

Commerce would grind to a halt if businesses could not rely on the courts to enforce contracts and settle disputes. Courts facilitate commerce by providing certainty and predictability to businesses both large and small.

Judicial caseloads are on the rise.

Courts, many of which were already understaffed prior to the economic downturn, have been inundated with economy-related cases such as foreclosures, bankruptcies, and evictions.

The courts are struggling with severe budget cuts.

As a result of funding cuts at the state and local levels, many courts have been forced into hiring freezes, pay cuts, judicial furloughs, staff layoffs, increased filing fees, reduced hours, and facility closures. If these trends continue, courts will lack the staff and other resources they need to process cases in a timely and effective manner.

Criminal trials are being delayed.

Many states have experienced delays in their criminal dockets. States sometimes face the dilemma of warehousing defendants awaiting trial for extended periods or releasing them and risking public safety.

Civil backlogs are growing.

Because criminal cases implicate constitutional rights and receive priority, delays are often most acute on the civil side, with growing backlogs reported in family cases and commercial and consumer disputes that are important to the everyday lives of many Americans.

Justice is in jeopardy.

If these trends continue, courts will lack the staff and other resources they need to process cases in a timely and effective manner, resulting in more and more instances of justice delayed and denied. It is essential that we keep our courts open and accessible. That’s why this year’s Law Day theme is “No Courts, No Justice, No Freedom.”

Originally posted at InjuryBoard by Linda Chalat

Victims of Human Trafficking Working as Staff Nurses

Linda Chalat — Thu, 19 Apr 2012 15:06:57 GMT

On March 1, 2012, a grand jury in Colorado indicted the owners of several long-term care facilities in Colorado on multiple charges related to human trafficking, including forced labor and visa fraud. The case, United States v. Kalu, 12-cr-00106 (D. Co. 2012), involves two business men who ran a scheme to fraudulently secure H-1B visas for Foreign Nationals (FNs) by claiming that they would work in this country as nurse instructors or supervisors at a fictional university. Once the FNs arrived, the defendants would force them to work for the Foreign Healthcare Professional Group, a business that the defendants controlled, and which contracted out the FNs to long-term care facilities as staff nurses. The two defendants, one from Georgia and the other a Highlands Ranch resident, face 132 counts of mail/wire fraud, visa fraud, forced labor, money laundering, and human trafficking. If convicted, they face between 10 and 20 years in prison, fines up to $500,000, and the forfeiture of their business. The Kalu case demonstrates the loopholes in our care provider system and the need for all health care employers of knowing the immigration details of FNs they seek to hire, even if the FNs are presented by professional staffing agencies. The human trafficking aspect of the case is outrageous, but the situation with the longterm care facilities is very troubling as well. Surprisingly, there are no charges in the indictment against many of the long-term care facilities where these FNs were placed, though the investigation is continuing. But this scenario points out how crucial it is for consumers to do their own homework when choosing such a facility. Medicare provides four steps for making such a choice: Step 1: Assess Your Needs Step 2: Research Financing and Care Choices Step 3: Find What Is Right For You Step 4: Visit Your Available Options Each step is more fully described at the website, medicare.gov.Originally posted at InjuryBoard by Linda Chalat

Warm Weather Brings Out Cyclists

Linda Chalat — Tue, 17 Apr 2012 18:36:01 GMT

The warming days and earlier daybreaks are inviting more people to peddle to work or school. But drivers are not necessarily in sync with the increase of the number of bicyclists. A man riding a bicycle in Denver was injured this morning in a collision with a truck. The accident happened at about 6:55 a.m. at the corner of East 3rd Avenue and Lincoln Street, reported a Denver Police Department spokesman. The injured bicyclist was taken to Denver Health Medical Center with lower back injuries.

And yesterday morning, a University of Denver student was injured when she collided with a vehicle while riding a bicycle. The accident happened about 8 a.m. in the 2000 block of South University Boulevard, said a Denver Police Department spokeswoman. The student was scheduled to undergo surgery last evening at Swedish Medical Center, to repair a broken leg suffered in the accident.

The driver of the vehicle was exiting a parking lot when the accident happened. But the bicyclist was cited for riding her bicycle on the sidewalk. The driver was not cited.

With so many aggressive drivers on the roads, it is often inviting to jump up on the sidewalk as an avoidance tactic. But in Colorado, this is against the law. Bicyclists have the same rights and duties on Colorado roads as drivers of motorized vehicles. See Second Denver Bicyclist Dies in Collision for a discussion of the Colorado statute and advice on staying safe.

So dust off your bike, and enjoy the wonderful spring weather – but remember to stay on the road, obey the traffic laws and wear high-visibility clothing especially during the morning rush hours and at dusk.

Originally posted at InjuryBoard by Linda Chalat

Fire Season Comes Early

Linda Chalat — Fri, 13 Apr 2012 14:11:06 GMT

Reports of fire evacuations have already begun for the Front Range, and anyone living in wildfire areas should already be prepared to evacuate in a moment’s notice. Being prepared means putting together an evacuation plan NOW and go over it with family and friends that you have close contact. If you get the call to evacuate it is too late to gather items, smoke in your area means it’s time to leave.

When preparing a plan, identify alternate routes to safety. Many mountain roads are one way in , one way out. Plan your escape routes, and what you will do if that direction is blocked in anyway.

For residents of Jefferson County, you can register for a reverse 911 call to notify you of evacuations – go to https://alertregistration.com/JeffersonCountyCO/ to sign up your cell phone or VoIP connection.

And always have your emergency kit at the door ready to go.

The Evergreen Fire Rescue team, from Evergreen, Colorado , recommends a kit that ncludes the following:

Flashlights and extra batteries
First aid kit
Whistle for signaling
Dust masks
Wrenches and pliers for shutting down utilities
Food with can opener
Spare eyeglasses, shoes, coats, spare clothing
Animal carriers ready at the front of the house
Escape route plan and emergency numbers for friends and family, neighbors
Insurance , medical (including prescription information) and family information you may need.
Spare keys.
Phone chargers and car chargers
Battery powered radio/emergency radio

For more information go to the web page at www.evergreenfirerescue.com.

Originally posted at InjuryBoard by Linda Chalat

Take Me Out At the Ballgame

Linda Chalat — Wed, 11 Apr 2012 20:18:17 GMT

A woman celebrating her 69th birthday at the Colorado Rockies’ home opener Monday sustained a concussion when she was struck in the head by a foul ball off the bat of Michael Cuddyer in the fourth inning. The unfortunate fan was treated at Denver Health and released.

The game was briefly delayed in the top of the fifth inning while medical personnel attended to the victim, who was eventually carted off through the left-field tunnel. A registered nurse was sitting a few rows behind the stricken fan when the incident occurred and assisted until paramedics arrived.

So is there a claim against the Rockies? Colorado courts embrace the premise that spectators assume the risk of attending a game/event, and that it should be obvious to the spectator that a baseball, puck, tire, or golf ball can hit them. Courts have long held that there is no liability for a spectator struck by a batted ball, whether during the course of the game or in pre-game practice.

Not satisfied with the protection provided by the legal doctrine, some leagues and state legislators have taken the immunity even further. Most, if not all leagues and teams, now place a disclaimer providing an assumption of the risk statement on the back of each spectator ticket.

So when you hear the crack of the bat, keep an eye and be ready to catch, or duck, the batted ball.

Originally posted at InjuryBoard by Linda Chalat