purveyor86

  1. Contrary to popular belief, the cost of the capital punishment is significantly more expensive than a long term of incarceration.
    November 21, 2012 10:04 am on Griffith man sentenced to 30 years in fatal neglect case
  2. Correct Fast Ed. But 15% is not the maximum attorney fee that one will receive from prosecuting such a claim, but is merely the maximum that one can receive from the amount paid out of the PCF. A simple example to illustrate:

    Patient enters into a legal services agreement with attorney, whereby attorney receives 1/3 of whatever the client gets if settlement occurs (or 40% if it goes to trial, and 45% if an appeal occurs). Patient's total damages are $500,000. Doctor/hospital's insurance pays the first $250k, and PCF covers the second half. Attorney is entitled to his fee under the agreement (say $100,000 after a successful trial), but the fee received from the PCF money in particular cannot exceed 15% of the amount paid out of the PCF. Total fee attorney could collect under this hypo would be $137,500.
    October 13, 2012 5:23 pm on Merrillville 'Nose Doc' sentenced to 7 years in federal prison
  3. Apologies for the double post; still new at this!
    October 13, 2012 4:05 pm on Merrillville 'Nose Doc' sentenced to 7 years in federal prison
  4. You've never heard of such a thing, Fast Ed, because it simply isn't true. The Indiana Dept. of Insurance (DOI) administers a Patient's Compensation Fund (PCF) which is funded by surcharges that health care providers pay on their insurance premiums. The PCF is available to those victims of medical malpractice whose damages exceed $250k (up to a statutory cap). Doctors (and their insurance carriers) are responsible up to the $250k amount. Rover may be referring to the fact that attorneys who prosecute medical malpractice claims are eligible to receive attorneys fees for their efforts (which are capped at 15%).

    I'm sure if rover suffered an abrupt accident or some other tort, and needed zealous representation to advocate on his behalf, he may change his tune on "ambulance chasers"
    October 13, 2012 3:28 pm on Merrillville 'Nose Doc' sentenced to 7 years in federal prison
  5. You've never heard of such a thing, Fast Ed, because it simply isn't true. Rover may be referring to the fact that attorneys who prosecute medical malpractice claims in Indiana are eligible to receive attorneys fees (capped at 15% of any recovery) which are paid from the Patient's Compensation Fund (PCF). Under the Medical Malpractice Act in Indiana, doctors (and their insurance companies) are liable for up to $250k of damages. If one's damages exceed that amount, the rest (up to a statutory maximum) are paid through the PCF. While the PCF is part of the Indiana Department of Insurance (DOI), it is not funded by the state. Rather, it is funded by a surcharge that health care providers pay on insurance premiums. Thus, it is wrong to claim that the state, via one's tax dollars, are somehow paying "ambulance chasers their winnings."

    As an aside, it's quite amusing how some are so quick to claim that attorneys who help those that have been wronged seek compensation for their injuries. I imagine rover would change his tune if he suddenly found him/herself the victim of an accident or other tort and s/he sought to be made whole.
    October 13, 2012 3:18 pm on Merrillville 'Nose Doc' sentenced to 7 years in federal prison
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