5 Things to Know About Loss of Consortium Claims

Spouses Right of Consortium

If your loved one sustained a catastrophic injury and that injury has caused you losses—such as loss of affection, comfort, love, companionship, or sexual relations—you may be able to pursue a loss of consortium case. Please contact our firm to learn more about your legal options.

A personal injury lawsuit is typically brought forward by the individual who has been injured—unless the injured did not survive the accident, in which case those that survived the individual, like their spouse, might pursue a lawsuit. However, there are cases where the family of the injured person may be able to recover losses for their losses, such as the loss of income provided by the injured. These cases are known as loss of consortium lawsuits.

1. NEW HAMPSHIRE LAW INCLUDES RECOGNITION OF A SPOUSE’S RIGHT OF CONSORTIUM.

The law in New Hampshire recognizes your rights as a spouse to the consortium of your partner—including the services your spouse provides, the society that comes from being with your spouse and the sexual relationship you have with your spouse.

The services your spouse may bring to your life include physical help keeping your home in good condition and help with the ongoing maintenance needs of the home. The society your spouse brings includes moral support, comfort, solace, and affection. And the sexual relationship you get from your spouse goes beyond intimacy to include the opportunity to have children.

2. THE LAW RECOGNIZES THAT YOU CAN BE INJURED BY AN ACCIDENT EVEN IF YOU WERE NOT IN THE ACCIDENT OR SUSTAINED PHYSICAL HARM.

The idea behind loss of consortium laws is that your partner serves many roles in your life, some or all of which can be destroyed or negatively impacted by a major accident. If your partner can no longer walk after an accident, the accident essentially deprived you of their help maintaining your home. If your partner loses the ability to have children, you are injured as a result. These are real, life-altering injuries, even if they are not the physical kind.

3. PURSUING A LOSS OF CONSORTIUM CLAIM CARRIES THE RISK OF EXPOSING PROBLEMS WITH THE MARRIAGE.

You can gain significant financial benefits from winning a loss of consortium lawsuit—but such a lawsuit does carry risks that you need to be aware of before you begin. The defense attorney of the one accused of liability is going to fight hard to avoid losing the case, which means they will do their best to cast a negative light on your relationship. If there have been any infidelities or other issues in the past, there is a strong possibility that those problems will be brought up in court and become part of the public record.

4. CHILDREN CAN SOMETIMES BE ELIGIBLE TO FILE A LOSS OF CONSORTIUM CLAIM.

The most common loss of consortium claim is filed by spouses because it is usually the spouse that is most seriously injured by the accident. However, there are times where the relationship between the injured party and their children can be damaged in similar ways. If the children depended on the parent to provide for them and lost that security, a loss of consortium case could demonstrate that loss and win damages for the children of the injured party.

5. IF YOU ARE THINKING ABOUT A LOSS OF CONSORTIUM CASE, YOU NEED TO SPEAK TO A KNOWLEDGEABLE ATTORNEY.

Whenever you are considering filing a personal injury lawsuit, it always pays to talk to an experienced attorney –but this is especially true in a loss of consortium case. These cases are less well known because they are not as common as many other personal injury lawsuits. Your case is much more likely to be successful if you work with an attorney you trust.

Medical Cannabis, Know the Facts

The CDC reports that in 2015, drug overdoses took the lives of 52,404 people in the U.S. Out of those 52,404 deaths, more than 33,000 involved the use of opioids. Since opioids are frequently prescribed for the treatment of long-lasting (chronic) pain, these sobering figures have resulted in the medical community’s desire to find alternative medications for treating this ongoing problem; however, it seems one alternative is quickly gaining popularity, medical marijuana. While there are positives associated with medical cannabis for chronic pain, we must also consider the negatives.

Medicinal Cannabis for Pain Management

A study published in the journal Health Affairs finds that people are not using medicinal marijuana as a means to get high, but instead as a way to treat their chronic pain. An individual may experience chronic pain as a symptom of an underlying disease like multiple sclerosis or due to a chronic pain disorder like myofascial pain syndrome, or fibromyalgia.

According to data attained from the CDC’s 2016 National Health Interview Survey, a little more than 20 percent of Americans (approximately 50 million people), are dealing with some form of chronic pain. This information was highlighted in a report released by the CDC in 2018. The number of people in the U.S. suffering from chronic pain and seeking some form of relief has only hastened the opioid epidemic. Unfortunately, even those who receive their opioid pain medication from a treating physician can fall prey to addiction.

Studies Determine Medical Marijuana is Helpful for Treating Chronic Pain

Numerous observational studies have determined that medical marijuana is effective in the treatment of chronic pain. Medical cannabis offers fewer side effects than traditional pain medication: Many of the patients participating in medical marijuana observational studies said that it is the possibility of fewer side effects that led to their desire to substitute cannabis for traditional medications. While there are positives to using medical marijuana instead of opioids for the treatment of chronic pain, there are still some potential downsides that must be considered.

Some potential downsides of using medical cannabis for treating chronic pain include:

• An increase in the odds of an individual developing schizophrenia.

• If smoked regularly, the patient may experience more frequent occurrences of bronchitis.

• When the patient drives following treatment with medical cannabis, the likelihood of the individual being involved in a car accident increases.

• The odds of the patient experiencing depression increase with medical marijuana use.

• An increase in the chance that a child will unintentionally overdose on medical marijuana. This tragic circumstance has occurred in states where marijuana use is already legal.

• Marijuana has a tendency to raise the heart rate.

• Senior patients who have balance issues are at risk of becoming dizzy and falling.

• Marijuana has been known to raise or lower blood pressure.

• Smoking marijuana during pregnancy is linked to lower birth weight babies.

Second Amendment Rights at Risk for Those Using Medical Cannabis

Another major concern for individuals around the country suffering from chronic pain is whether they will have to give up their Second Amendment rights in order to use medical marijuana. Currently, a gun enthusiast who admits to using medical cannabis in a state where it is legal is not permitted to purchase a gun. This issue is garnering attention as the use of marijuana for medicinal purposes is becoming more acceptable in the red states across the nation.

People who want to limit or eliminate the use of opioids for chronic pain by switching to marijuana are in a predicament. They can avoid getting a medical marijuana card and purchase their marijuana elsewhere, and then lie about using it to ensure they keep their right to bear arms. Their other option is to get the medical marijuana card and give up their Second Amendment rights.

Federal Lawsuit Shining Light on Medical Marijuana and the Right to Bear Arms

The ‘state-legal’ medical marijuana users who are veterans, love to hunt, collect guns or own guns for self-defense purposes are stuck in a Catch-22. For this reason, cannabis advocacy groups are keeping an eye on a federal lawsuit that was brought by Matthew Roman. Mr. Roman is a medical cannabis physician as well as a cardholder in the state of Pennsylvania. Medical marijuana has been legal in Pennsylvania since 2016, finally becoming available to cardholders in 2018.

Mr. Roman claims that his Second Amendment rights were violated as he tried to purchase a gun in April 2018. He was at a Philadelphia-area gun store and was denied his right to purchase a gun because he checked the box on the form admitting he was a medical marijuana user and cardholder. The ATF has not budged on their stance related to medical marijuana.

Jan Kemp, Spokesperson for the ATF

Despite the state-legal cannabis surge, during an interview with Cannabis Wire, Jan Kemp, who is the ATF spokesperson, stated: “Cannabis remains federally classified as among the most dangerous forms of narcotics, Schedule I, and is banned under the Controlled Substances Act.” In addition, Kemp stated that despite the additional states legalizing cannabis, she knew of no plans to reevaluate the agencies 2011 position. “As far as I know, as long as it’s listed as a controlled substance, then the laws are the laws,” she said.

Workers’ Comp Insurance Carrier Not Liable For Death of Worker in Overdose:

On August 20, 2019, the NH Supreme Court ruled that an insurance carrier is not liable for the death of an injured worker who died of a heroin and oxycodone overdose after being prescribed opioids for his injury. After his death, his widow filed for death benefits with the workers’ comp insurer. The insurer rejected the claim and the New Hampshire Compensation Appeals Board who found the amount of oxycodone consumed at the time of death was inconsistent with his prescribed dosage.

NH Physician Assistants Allowed to Certify Patients for the Therapeutic Cannabis Program

Legislative Update:

Effective August 20, 2019, NH Physician Assistants Allowed to Certify Patients for the Therapeutic Cannabis Program

The Therapeutic Cannabis Program will begin accepting Written Certifications that have been signed by physician assistants who are licensed in New Hampshire. Governor Sununu signed into law HB 350, which adds physician assistants to the list of NH provider types that are allowed to certify patients for NH’s Therapeutic Cannabis Program. The Written Certification for the Therapeutic Use of Cannabis Adobe Acrobat Reader Symbol has been updated to reflect this change. https://www.dhhs.nh.gov/oos/tcp/

Why Distracted Walking is More Dangerous Than You Think

Look outside your home, office, or car window, and you’re bound to see people walking to and from their destinations with phone in hand. While it might seem far less dangerous than using your phone while driving, distracted walking is just as much of a problem, especially when it comes to your safety. Whether you’re listening to music, texting, or scrolling through a social feed, using your phone while walking distracts you the same way it does while driving – and the result can be deadly.

Looking at the numbers released from the Governors Highway Safety Association, 6,277 pedestrians were killed in 2018, which was 250 more than the previous year. Of course, not all these fatalities were caused by distracted walking, but the fact that the numbers are steadily rising each year (along with phone use) does show a definite correlation between the two.

Cities across the United States are looking for ways to curb the problem, some cities going as far as completely banning texting while walking, like the town of Fort Lee in New Jersey. New York City has attempted to lower the speed limit in crowded areas to help pedestrians safely cross the street. Across the pond, London has placed soft padding on lamp posts on busy streets to help prevent accidents that happen when distracted walkers run face-first into the massive metal structures. Unfortunately, most of these efforts are proving unsuccessful as the real issue is convincing walkers that they need to be paying attention to their surroundings, rather than constantly looking at their screens.

While some of the accidents that are caused by distracted walking aren’t serious, some of them really are. Not only are broken bones and concussions on the rise with pedestrians, but other injuries, including brain trauma and spinal cord damage, have become more commonplace on the streets because of the rise of cell phone use. And, when struck by a car because of distracted walking, the result can be fatal.

According to scientists, distracted walking is a form of “inattentive blindness,” which is a result of the human brain being able to only focus on one thing at a time. If you’re using your phone while walking or running, you really can’t pay attention to your surroundings simultaneously, even if you feel like you are.

Even with reports showing a steady increase in distracted walking injuries, there are still plenty of injuries that go unreported each day simply because people are too embarrassed to admit how they got hurt. That means that even when people go to the hospital with broken bones caused by distracted walking, there’s a good chance that it doesn’t get reported as such.

Just as it is with driving, the best way to avoid injuries caused by distraction is simple: Pay attention. Recognizing that there’s something more important needing your attention (whether walking or driving safely) is the only way to be sure that you don’t injure yourself – or others – while getting from Point A to Point B.

7 THINGS NH EMPLOYERS NEED TO KNOW ABOUT WORKERS’ COMPENSATION

EMPLOYER FACT SHEET

1.         Insurance Coverage – Have it for your employees; even family members and part-time employees need to be covered.

2.       File A First Report – File a First Report of Injury form (8WC) within five (5) days of notification of an injury.

3.       First Aid Treatment — One-time treatment less than $2,000.00; you may pay, but you must file First Report with the NH-DOL and no need to file with your carrier.

4.       Communicate with the adjuster – advise the adjuster handling your employee’s claim:

          a.       Advise them of any extenuating circumstances.

          b.       Provide names of witnesses.

          c.       Advise the adjuster that you have a light-duty program.

5.       Reinstatement Laws  –  an If you have five or more employees and the injured employee is released to return to work within 18 months of the injury by their treating physician, then you must reinstate that employee to their former position.

6.       Light Duty — An employer with 5 or more employees, you must offer temporary alternative duty.

7.       Job Modification Reimbursement – The job modification provision provides for reimbursement of 1/2 of the cost of a job modification up to $5000 per year per employer. There does not have to be any lost time,          (revised 11-15-18), but there does have to be a First Report on file, and the application must have prior approval.

The Real Danger of Leaving Kids in Hot Cars – And What You Can Do

While summer is the most dangerous time for children to be left in cars, the reality is that fatal heatstroke can happen at any time of the year. Last year was the most deadly year for children dying in hot cars in two decades, with more than fifty kids losing their lives. And, unfortunately, 2019 is already close behind according to the website NoHeatstroke.org.

While some incidents of fatal heatstroke are truly tragic accidents (when children accidentally trap themselves inside a vehicle without anyone knowing), many of them are completely preventable. According to data, over 50% of all vehicular heatstroke cases in the past two decades happen because an adult doesn’t remember that the child is in the car. Whether the child falls asleep and parents plan on coming back (and forget) or an adult falsely believes they have already taken the child to daycare or preschool, these accidents are becoming too common – and something needs to be done about it.

Below are a few ideas to help prevent children from dying in hot cars, whether they are your own or children in your community.

• Remember that children are curious. If a car is unlocked (either the doors or the trunk), there’s a chance they will get in. Once inside, it can be difficult for small children to know how to get out, which is the cause of more than 25% of all vehicle heatstroke deaths. Help save a child’s life by keeping your car locked at all times. (Even a 60-degree day can result in the inside of a car climbing to well over 100 degrees!)

• Never leave a child alone in a parked car. Even with the windows on your car rolled down and the air conditioning on, a parked car can get incredibly hot. And, knowing that a child’s body temperature rises up to 5x faster than an adult’s, a seemingly harmless situation can quickly turn dangerous. No matter how fast you think, you’ll be inside, always (always!) take your child with you.

• Do your best to not be distracted. Parents and adults today are overwhelmed, stressed, and increasingly distracted, which can be part of the reason why children are getting left in hot cars too often. Always put your children’s safety first by making sure that you’re paying attention to who’s in your car – and who’s getting out of it. Some experts recommend placing something, like your purse or phone, in the backseat to make sure you see your kids. Other strategies involve car seat monitors and apps that go off alerting you if a child is left in your car.

• Do something if you see a child alone in a car. Check on the child by trying to get their attention. If they don’t seem okay or are unresponsive, call 911 immediately. You are protected by the Good Samaritan law in most states if you break a window to help a child to safety. If the child seems to be doing okay, don’t walk away. Look for the parents or find a way to have them alerted (like via an in-store intercom).

Age Discrimination in the Workplace: What You Need to Know

The majority of the news today focuses on two topics concerning discrimination at work: gender and race. And while these two issues need to be addressed, there is a third issue that is equally important, but that tends to get overlooked.

Age discrimination

Employers, when choosing to hire for a position, look at many different factors that could affect a potential employees’ performance. While some of these factors are acceptable, others fall under the category of discrimination.

According to a 2017 study, workers over the age of 45 are unemployed longer than any other age group; a concerning statistic for anyone battling age discrimination.

What Is Age Discrimination?

According to the ADEA (Age Discrimination in Employment Act of 1967), age discrimination is “treating any employee less fairly because of their age.” Also known as “age bias,” some employers tend to look at older employees with concern, wondering if how they will be able to perform over the years if they can keep up, if they will be too expensive to invest in – all of these can fall under the net of discrimination.

According to the ADEA, which only protects employees over the age of forty, job discrimination can include any unfair treatment on the job, including hiring, firing, layoffs, raises, promotions, assignments, etc.

The ADEA also protects employees who are harassed in the workplace because of their age.

Examples of age discrimination may include the following:

• Showing a hiring preference for younger workers.

• Retaining younger workers during layoffs or organizational restructuring.

• Offering better terms/conditions of employment for younger workers.

• Providing choice job assignments only to younger workers.

• Not including older workers in new training initiatives.

Why Older Employees Are A Concern To Companies

Unlike other types of discrimination that occurs in the workplace, age discrimination can often slip under the radar because of the seemingly legitimate concerns that mask it. For many companies and potential employers, some of the concerns about hiring an older employee are:More experience comes with higher salaries and expectations.

• More experience comes with higher salaries and expectations.

• A potential increase in benefit packages such as health insurance and retirement plans.

And while some may argue that these points are valid, it is discrimination.

There are also many myths about older workers that hiring managers buy into – sometimes without even realizing it.

• Older workers don’t stay on the job long. However, according to the Bureau of Labor Statics, workers between 45 and 54 remain on the job twice as long as those 25 to 34.

• Older workers are less innovative than younger workers. In fact, baby boomers are the fastest-growing demographic on social networking sites like Twitter and Facebook.

What ADEA Is Doing To Protect The Rights Of Older Employees

For employees over the age of forty, ADEA works to reduce the chance of age discrimination happening in the workplace. Enforced by the EEOC (Equal Employment Opportunity Commission), the laws created by ADEA make it illegal for businesses to advertise that “a certain age is preferred” and also prevents employees to reserve training to younger workers.

The ADEA only applies to companies or employers that have more than twenty employees, employment agencies, and government positions at any level – federal, state and local.

Smart employers work diligently to ensure that they are following the ADEA laws, as lawsuits on age discrimination are expensive, and having to get involved with the EEOC is costly for their reputation.

Dangers of Working In The Emergency Room

As a first responder or a medical professional in the emergency room, there’s a lot to be thinking about, mainly how to give the absolute best care to your patient. Unfortunately, that thought is now often clouded by the real risk of getting assaulted or injured while helping a patient, whether by the patient themselves or by family members in the room. With nurses being particularly vulnerable in today’s emergency rooms, most experts agree that there is a serious epidemic of violence in our nation’s emergency rooms.

Surprisingly, only 31 states in the United States consider it a felony to assault an emergency nurse. And with too many people, including ER staff, being tolerant of dangerous behavior in their workplace, the epidemic has the potential to only get worse. In order to put an end to violence towards medical professionals and first responders, the Emergency Nurses Association (ENA) is leading a campaign to help educate and train emergency room employees about recognizing and managing workplace violence, considering a “zero tolerance” environment as the best solution.

And, hopefully, this campaign will get the support from hospital leadership it needs.

Why the increase in emergency department and hospital violence?

According to the American College of Emergency Physicians (ACEP), The primary reason is an overall increase in violence in society. This includes:

• The increased presence of gangs, particularly in urban, inner-city settings.

• Prolonged waits for patients seeking medical care, sometimes compounded by unpleasant waiting room environments.

• Increased prevalence of drug and alcohol use in society.

• Increased numbers of private citizens arming themselves related to perceived threats of violence in their neighborhoods.

Right now, nearly 80% of all emergency physicians have “reported being targets of workplace violence in the last twelve months.” That, of course, does not include unreported incidences. These scary statistics reveal something else important to consider: If emergency room employees feel scared, they will not be able to deliver the quality of care they need to.

According to Amy Costigan, a doctor, author of Annals of Emergency Medicine, and a member of the Department of Emergency Medicine at the University of Massachusetts Medical School, nurses, doctors, and other first responders can “never provide good patient care when workers are scared for their safety.” Not only does it create a distraction, Costigan warns that it also breeds “mistrust, apathy, poor care, and disengagement with patients,” which takes away from physical and emotional care necessary in emergencies.

With more and more emergency room professionals feeling scared and anxious at work, fewer are being able to be as compassionate as they once were, which is not only detrimental to patients, but to the professionals’ ability to enjoy their work.

Costigan, in an article on Health Leaders, goes on to say, “We are taught in medical school to sit with the patient when giving bad news. You are supposed to put a hand on their shoulder. You are supposed to be close emotionally and physically. Most of the time now, I try to figure out the best place to sit for my safety. I still try to be close and emotional, but I never go alone, and sometimes, I have security outside the room. That’s not the way I want it to be.”

To help improve the workplace for emergency room professionals and first responders, the American College of Emergency Physicians (ACEP) published an Emergency Department Violence Fact Sheet.

Main Points:

• Protecting emergency patients and staff from violent acts is fundamental to ensuring quality patient care.

• Nearly half (47 percent) of emergency physicians polled report being physically assaulted, with more than 60 percent of those saying it occurred in the past year.

• Emergency patients can be traumatized to the point that they leave without being seen.

• Nearly 7 in 10 emergency physicians say emergency department violence has increased in the past 5 years, with a quarter of them reporting it has increased greatly.

• ACEP encourages all states to enact legislation that establishes maximum categories for offenses and criminal penalties against individuals who commit violence against health care workers.

• Hospitals can do more by adding security, guards, cameras, security for parking lots, metal detectors, and increasing visitor screening inside hospitals, especially in emergency departments.

The Lawyers of Distinction Is Pleased To Announce That Attorney John B. FitzGerald, III Has Been Certified As A Member

The Lawyers of Distinction is pleased to announce that Attorney John B. FitzGerald, III of Patch & FitzGerald, Professional Association has been certified as a member. The Lawyers of Distinction is recognized as the fastest-growing community of distinguished lawyers in the United States. Lawyers of Distinction shall not offer membership to more than 10% of attorneys in any given state. Members are accepted based upon objective evaluation of an attorney’s qualifications, license, reputation, experience, and disciplinary history. Please see www.lawyersofdistinction.com for further details concerning membership qualification.