Legal Advice Blog: Legal Advice, Case Insights, & Local Law Information

The Intelligencer recently reported on a poll finding that many Americans do not know how to tell if their doctor will provide high-quality care. Unfortunately, the article does not provide many solutions to help its readers discover the information that they need when it comes to making an informed decision on selecting a health care provider. Obviously, choosing the right doctor is very important. Some studies estimate that between 210,000 and 440,000 patients die each year from preventable harm in our health care institutions. Unlike nursing homes, where safety data is relatively more accessible, it can be difficult to determine whether or not your doctor is the type of physician who is likely to provide high-quality care. Having represented the victims of medical malpractice and having gained some experience in finding and retaining expert witnesses in such cases, I can tell you some of the things that I look for when trying to determine whether or not I am dealing with a physician who puts his or her patient's safety at the forefront. Perhaps asking some of these questions in advance of treatment could help patients make an informed decision about which doctor to choose. One of the things that I look for is a list of hospitals where the physician is credentialed to practice medicine. All hospitals have a legal and ethical obligation to make sure that the physicians who practice at that facility are not putting their patients in danger. This process, called the credentialing process, has its own flaws, but it can be a useful starting point. It may be worth asking whether your doctor has privileges at any healthcare facilities. If a reputable hospital has granted privileges to your doctor in his or her area of expertise, you may at least assume that the hospital has satisfied itself concerning the basic competency of the physician. Board certification is another important factor. For most medical specialists, there is a specific test that the physician can take in order to demonstrate competency. If the physician passes the exam, they are able to hold themselves out as being Board Certified. It may be worth asking your physician if he or she is board certified and to discover which organization provided the certification. Most medical specialties have a web site that will allow members of the public to verify certification status. Both the West Virginia and Ohio Boards of Medicine also have web sites that will allow a member of the public to obtain licensure data on a physician. In some circumstances, there may even be information on those sites regarding whether or not the physician in question has ever been subject to any sort of formal discipline. Of course, I would encourage people to trust their own instincts and ask questions. Certainly, it is every doctor's obligation to provide safe and competent medical care and it is the obligation of every hospital to make sure that only competent and qualified physicians practice at the facility. However, as in many walks of life, information is power and none of us should hesitate to ask tough questions of a prospective doctor. Doctors who are confident in their abilities will understand and welcome a few important questions.

Just weeks after the school year ended, I found myself back in the classroom a little sooner than I had expected. This year I decided that I was going to take advantage of my position on the Wheeling Park High School speech and debate team, and the time to prepare for the upcoming season was now. Last year, I did make the team, but my priorities were focused more on sports over speaking. With my other activities like cheerleading, track, and dance, filing economist articles and learning how to pronounce world leaders' names were not in my top interests whatsoever. Entering my junior year, I know that my performance on standardized tests, sporting events and community activism will play a big role in determining my college selection. I hate to admit that my mom was right when she said that colleges love club involvement, but I never realized the weight some colleges placed on being a member of a speech team- not to mention one that has won the state tournament for the last 35 years. Unfortunately, I was not a big team contributor to that 35 th state title; I wasn't even selected to compete at the state level. This year my goal is to not only compete at states, but to place in my signature event as well. Extemporaneous speaking. I know, it sounds intimidating already. Having only 30 minutes to prepare a seven minute speech about an international political topic and referencing popular news sources isn't for everyone. Although I didn't have much of a choice, I grew to love learning the ins and outs of the Chinese economy and how German chancellor, Angela Merkel is guiding Europe out of the Eurozone crisis. I was trained by two talented veterans from the speech world, but I knew going into the upcoming year, both would be in college; leaving me to train a few new brave rookies. Instead of jumping right into the "extemp world" as we call it, I decided to revamp our entire system and basically start from scratch. Not until I watched the two "newbies" perform their first speech did I realize how great it felt to know that my few hours a day was already placing our team a step above the rest. From my experiences on the speech team, I've learned more than just what's going on in the world. One of the biggest lessons that I continue to encounter as I progress through high school is that my mom is usually right, even though I always have to figure it out myself first. Secondly, public speaking on your feet may be one of the biggest attributes a person can gain. Whether it is an admissions interview, a graduation speech, or even in a casual conversation, the ability to clearly annunciate words and formulate sentences is a skill some wish they would've invested time into at my age. Lastly, one year on the speech team has taught me that sometimes it takes a while to catch your footing before you can be successful. I was on the brink of quitting the team until I realized how much I had already learned within a few weeks. Sometimes all it takes is a little "TLC," time, leadership, and charisma of course to learn the ropes and find a new passion. Hopefully my dedication will pay off as my teammates and I continue on our journey to state title number 36.

Summer is a great time for trying new things and starting new projects. Recently I decided that I wanted to turn my small front patio into a cozier place to spend some time. Ideally, I wanted to have lots of greenery and flowers to give the patio some privacy since I live on a busy street. Only one problem - I know absolutely nothing about gardening, except that I'm really good at letting healthy plants die. Regardless, I decided to try to make my brick porch in the city a little bit more like the green haven I imagined. Over the course of two weekends, I installed lattices on one side of the porch to help block some of the noise and views of the busy streets nearby. I cleaned up some old patio furniture with a fresh coat of paint and new cushions to make it more inviting. Finally, I potted several plants to create the beginnings of a "container garden." I have no idea what the names of any of these plants are or exactly what sort of care I should be giving them, but I figure that it must be really difficult to kill outdoor potted plants as long as I give them plenty of water every day. Please keep your fingers crossed for my container garden and its completely inept caretaker! What new projects have you tried this summer, or what tips do you green thumbs have for this novice gardener?

The world-famous Johns Hopkins Hospital recently agreed to a $109,000,000.00 settlement with eight thousand patients of a doctor named Nikita Levy. Levy had been using a concealed camera to videotape gynecological examinations of his patients for an unknown period of time while working at Johns Hopkins. More than a thousand such videos were discovered on his camera at the time it was seized by hospital authorities. The Johns Hopkins case is a good example of how, in the medical community, a few bad apples "spoil the bunch." The data consistently shows that a small number of physicians are responsible for a huge proportion of malpractice and misconduct allegations. For example, the Federal National Practitioner databank shows that just six percent of doctors are responsible for almost 60 percent of the malpractice payments made over a fifteen-year period - ten times their fair share. Moreover, an even smaller subset of doctors, just one percent, is responsible for 20 percent of all malpractice payments of a similarly statistically significant of time - 20 times what you'd expect if lawsuits were targeting doctors broadly. It's also true that 82 percent of doctors have never had a medical malpractice payment. Unfortunately, our justice system can make it challenging for fact-finders in medical malpractice cases. The doctor's history of malpractice in other cases is almost never admissible as evidence. Juries are often misled into thinking in the course of a medical malpractice trial that what happened was an isolated event, when in fact, it is highly likely that it's something that has happened over and over again. Repeat offenders, in other words, are by far the most likely to find themselves in court, although juries may not be told this. As Public Citizen learned through detailed research: "All too often, state medical boards are more concerned about protecting the reputations of doctors than doing their job, which is to protect unsuspecting patients from doctors who may be incompetent or negligent," Wolfe said. "West Virginia has an appalling record of letting serious and sometimes repeat offenders off the hook." Hospitals and independent companies employing doctors keep detailed files on doctors' complication rates and incidents of malpractice. But nonetheless, they jealously guard them refusing to allow patients to have access to this information when choosing their doctor; thus making the medical system more dangerous for all of us. Even worse, repeat-offender doctors are defended by their hospital corporations and medical insurers, even when the hospital knows that the doctor has a consistent track record of dangerous actions, and even when those dangerous actions caused injuries and death. We can all be glad that doctors like Levy are rare, but they need to be even rarer. Other offenders that our law firm has come into contact with, including Manish Koyawala, Anandhi Murthy, and hospitals like Camden-Clark Memorial Hospital, have at least left a trail out there on the internet illustrative of their repeated misconduct, but we all have to remember things that our medical system has decided we don't "need to know" about physicians and hospitals that we rely on for care. It's particularly disturbing that more and more of the time our health care system is publicly funded, whether through Medicare, Medicaid, the Affordable Care Act ("Obamacare"), or the Veterans Administration. Nevertheless, the powers-that-be in the medical community have decided that it is best for them to "see no evil, hear no evil, and speak no evil" about what really happens in our medical system; even while they know who is in this small minority of dangerous doctors and nurses. The result is a consistently rising tide of preventable injuries and deaths attributable to medical negligence. Some information about this small minority of dangerous doctors that we need to watch out for can be found here.

It is hard to believe that both the 2014 Jamboree in the Hills and the ItalianFestival have come and gone. Although I did not attend either event this year, I did my usual "drive by" of the Jamboree site on Friday and Saturday. As tradition in the Ohio Valley continues, the 17th Annual Debbie Green 5K will take place tomorrow, August 2. Voted as one of the top 263 road races in the world, the downtown Wheeling route is quite a challenge for all ages. Each person competes in their own age group and since life is always moving forward, I am moving up to another age group. Moving up an age group may make me feel bad (but not old!), but knowing I am doing something that many people years younger than I would not attempt, makes me quite pleased with myself! I enjoy watching the faces of some people when I say I am going to walk a 5K! Some are shocked at this senior citizen doing something so ambitious, but all are supportive. I am entering with Victoria Jenkins, the 14-year-old daughter of my good friends Mike and Andrea Jenkins. Victoria is registered to run in the race so I guess I'll just be seeing her from behind, but I like knowing we are doing something, if not together, for a cause we both can get behind and support. Hopefully, I'll find some friendly person to walk and talk with me this year as John and Denise Artimez did last year. I probably held them back last year, but they stayed with me since it was my first competition walk and because, I'll admit, I was the oldest Bordas employee competing. I am proud to work for a firm like Bordas & Bordas, which supports an event that raises money to fight childhood leukemia. I hope to place well in my age group, but just finishing the race will be great with me!

A few months ago, my family and I moved a little farther out into the country. We have a nice side yard and my kids love running around out there, but there is one big problem. I know that dealing with wildlife comes along with getting out of town. Even people in town have the occasional raccoon in the trash can, a flower eaten off the porch at night, or a jack-o-lantern gobbled down before Halloween. As crazy as it may sound, the deer in my neighborhood have taken things to an entirely different level; they are in my yard all the time. The fence does nothing to stop them, they're not scared of people and you have to get close enough to touch them before they will move. Now, I don't want to seem like I'm complaining too much because the deer are cute and they sure are quiet. My cousin in Alaska has to carry a rifle with him when he goes for a walk because of grizzly bears, so I could have it a lot worse. The only problem is the mess. I need at least a 30 minute of notice before the wiffle ball game starts so I can walk around the yard with a shovel, cleaning up after the extended-deer-family trespassing on the property. In the summer, my daughter likes to run around outside barefoot and it's like dodging landmines. Given how many deer there are around the Ohio Valley, I can't be the only one with this problem. I would think that a dog would help, but I would hate to bother my neighbors with a dog barking at deer all night. There are other possible solutions that are more, well, extreme, but I don't think things like that are even legal in my neighborhood; despite how satisfying they might be to me personally. Does anybody have an efficient solution to this problem? I know that the City of Baltimore converts waste to electricity, but that technology seems a little out of my price range. To tell you the truth, I'm hoping that you can tell me that purchasing a dog is the right answer. I really want a dog and this will help my arguments at home. Even if you don't think a dog will work, please tell me you think it will so I can get a dog. Other non-dog suggestions are also appreciated. Thanks.

Those of you who have known me for more than a few years have undoubtedly been exposed to what my wife likes to call "one of my political rants." She swears that she can tell when I am making a political post to my Facebook page simply by watching how I hit the keys when I am typing. I suppose that is the result of my frustration with what the political process--one that I will be entering in a few months--has become. No one will dispute the fact that the process has undergone dramatic changes in the past few decades. There was a time when courtesy, dignity and compromise ruled the day, but those days are long gone, having been replaced by hostility, partisan rhetoric and gridlock. Public confidence in our leaders is at an all-time low, and it seems as if the only thing coming out of Washington these days is more of the same regurgitated garbage telling us why everything we are unhappy about is the other guy's fault. To make matters even worse, while our political leaders sit in their offices trying to come up with newer and better ways to attack one another, "we the people" sit back and point the finger of blame back at them. "Corrupt politicians. The only thing they are concerned about is getting re-elected. They're all in somebody's pocket." It's a vicious cycle that some are convinced is unbreakable. While it is certainly more comfortable for us to place the blame for an increasingly dysfunctional system at the feet of someone else, I would like to make a suggestion that, while uncomfortable, I believe is a much more accurate conclusion. I believe we have no one to blame but ourselves. Politics is, at least in today's world, as much about marketing as it is about anything else. The parties "market" their candidates and their philosophies to the voting public, primarily through TV and talk radio. Rather than presenting issues and information in a neutral, balanced fashion, we get Fox News and MSNBC. Instead of presenting us with all of the facts, pro and con, and allowing us to make an informed and reasonably intelligent decision, we get Rush Limbaugh vs. Chris Matthews. The result: instead of a reasoned debate about contraception in health care, we hear that a woman who thinks birth control should be covered by insurance is promiscuous. Instead of an objective discussion about whether the country can afford to further expand entitlement programs, we hear that conservatives are rich, heartless elitists who don't care about children living in poverty. And the saddest part is, we eat it up. If we of the voting public are so disgusted with the lack of civility in our political process, why do we give a moment of our time to those who simply perpetuate the problem? Politicians see millions of voters tuned in to Rush Limbaugh every day, and the inescapable conclusion they reach is that he gives the voters what they want. The end result? The candidates spew out the same type of trash. The bottom line is that if it didn't work, they wouldn't waste their time doing it. Politicians will give us exactly what we have shown them we want. Nothing about our system will change until we do something to show our political candidates that uncivil, hateful bombast will result in our votes being cast for the other side. Until then, we are condemned to suffer through more of the same. From the standpoint of the candidates, "if it ain't broke, don't fix it." Another way we contribute to the ongoing political dysfunction is by failing to educate ourselves on the issues presented. I recently read a very depressing study that was published as part of a report put together by a bipartisan commission titled "Governing in a Polarized America: A Bipartisan Blueprint to Strengthen Our Democracy." The study, commissioned by USA Today, sought the opinion of those polled on a certain proposal to improve public education. When those polled were told the proposal was made by Democrats, 75 percent of Democrats agreed with it, while only 13 percent of Republicans agreed. However, when the identical proposal was later advanced as a Republican plan, only 12 percent of Democrats supported it, while Republican support ballooned to 70 percent. Nothing in the proposal had changed; only the party with whom it was associated was different. Consider those results for a moment. When I first read about that study, I was as frustrated as I have been for a long, long time. Have we, as a people, completely lost the capacity for independent thought? Are we such sheep that we will blindly follow wherever our party leadership takes us, regardless of the facts? Have we become so apathetic, so downright lazy that we refuse to educate ourselves about issues that can affect our lives every single day? Sadly, it would appear to be so. The people of our great nation are nearly unanimous in our frustration with what our political system has become. However, it seems to me that the key to changing the system is entirely within our control. Up to this point, politicians have continued to give us more of what has worked in the past. Until we demand change by refusing to reward the conduct we abhor; until we take the time to educate ourselves so that we can make up our own minds about the candidates and policies we will support, nothing will change. Remember Einstein's definition of insanity: "Doing the same thing over and over again, and expecting different results." It's time we do something differently.

The Ohio Valley was left dumbfounded last week by reports that Dr. Roland Chalifoux was using contaminated medical supplies (i.e. "dirty needles") on his patients in his pain management practice. Deeply concerned patients and family members, as well as the Board of Medicine, immediately demanded an investigation. This week on the show, Chris Regan and Jamie Bordas discuss the issues related to the allegations against Dr. Chalifoux, the damages that might be recoverable, and some of the institutional deficiencies that exist in our medical system that allow some doctors move from state to state when misconduct causes them to lose their license in one place. Anyone affected by Dr. Chalifoux, or otherwise, will find this a fascinating and informative episode. You can view the Bordas & Bordas Legal Review locally on Comcast Channel 14 or also online, both streaming and in the archive. The current episode is embedded within this post. Click here to view the program on vimeo, or watch the embedded version if your browser supports it. Click this link to see the WLUTV schedule so you can view a live-stream of WLUTV and check this page for a schedule of when the program airs.

Bordas & Bordas has announced a staff member's recent appointment to Wheeling's Young Women's Christian Association (YWCA) Board of Directors. Carrie Scanlon, Director of Communications and Philanthropy at the firm, will serve alongside a number of fellow Board members. The YWCA Wheeling is a Christian association dedicated to eliminating racism and empowering women, along with promoting peace, justice, freedom and dignity to all. For the last 33 years, the program has offered support and advocacy to victims of domestic violence in Ohio, Marshall and Wetzel Counties. Scanlon, a Moundsville, WV native, became a member of the Bordas & Bordas staff in October of 2012. She has more than fifteen years of experience in marketing, public relations and sales. A graduate of Bethany College with a degree in public relations, Scanlon also holds a Master's degree in Communication Theory and Research from West Virginia University and is all-but-dissertation in her doctoral studies in Communication Media and Instructional Technology from Indiana University of Pennsylvania. Her doctoral work focuses on crisis communication and image repair strategies. Scanlon has presented at national and regional communication conferences on public relations and the use of social media in crisis communication scenarios. Scanlon brings a vision to the YWCA with hopes to continue to provide the ability to empower women through high quality programs and plans to support the ongoing development of such initiatives. "Empowering women is something that is very important to me," Scanlon said. "Women go through unfortunate situations like abuse, divorce, and more. I'm looking forward to helping these women get back to where they once were and reminding them that they are not defined by their circumstances." Jamie Bordas, managing partner of the firm, said he is pleased with Scanlon's opportunity. "Carrie will be an excellent addition to the YWCA board of directors," Bordas said. "I have no doubt in my mind that she will use her talents to support the YWCA's mission while serving as a board member."

This past February, Ray Rice beat his fiancée until she was unconscious in an Atlantic City hotel elevator. The video of that incident, which is widely available on the internet, is shocking and disgusting. Despite the horrific and unacceptable nature of Mr. Rice's deliberate and intentional acts, the NFL suspended him for just two games; a mere slap on the wrist. For a league that is so image obsessed, this decision is baffling. There is never any excuse for violence against women. Ray Rice holds himself out as an NFL tough guy, an image the NFL itself is happy to promote. Now here that tough guy is, doing one of the most cowardly things I can imagine. What message is the NFL sending to its fans when it basically condones such activity? As bad as the NFL is, though, the Baltimore Ravens and their coach, Jim Harbaugh, are much, much worse. This morning on ESPN, I heard Mr. Harbaugh say the following about his star player's assault: "It's not a big deal, it's just part of the process. There are consequences when you make a mistake like that. I stand behind Ray. He's a heck of a guy." He's kidding, right? Beating your fiancée unconscious is "not a big deal"? It's just a "mistake" instead of a purposeful decision to hit somebody until they can't move? Mr. Harbaugh should be ashamed of himself. At least he told us what he really thinks about this. Just so we all know, Mr. Harbaugh and the NFL stand "with Ray Rice." Not with his fiancée. Not with all of the women around the country and the world who are subject to domestic violence at unacceptable levels. Not with our mothers, wives, and daughters. They stand with Ray Rice. Just a thought to keep in your mind the next time you settle in for an NFL game.

The weekend that Ohio Valley football enthusiasts look forward to all summer is finally here. Yes, the OVAC Rudy Mumley All-Star Charity Football Classic and all its exciting festivities have arrived once again. While I love football just as much as the next guy, Sunday night's Ohio vs. West Virginia matchup (O-H!) isn't what I'm most looking forward to. No, my sights are keenly set on this evening's Queen of Queens competition as 25 young women vie for the 2014 crown and title. Why am I so interested, you ask? My little sister, Halli, is one of the 25. I may be biased, but Halli is without a doubt one of the best people I've ever known. She is more calm and level-headed than every other member of our family combined and we are all thankful for the lessons and advice she never seems to runs out of. Her faith in the Lord and all He has in store for her is unfaltering and unwavering and perhaps what I admire most about her. It's remarkable how much my family and I look up to someone so much smaller than us. "So much smaller than us." Did I mention Halli stands at only a scant 4'10"? Don't let her petite stature fool you, though; she has one of the best and most powerful voices I've ever heard. She'll take the stage tonight, with dozens of friends and family members supporting her and cheering her on from the crowds below, and belt out a piece that describes her beliefs and perspective on life perfectly. I've never been so excited and nervous for a performance that isn't even mine in my entire life. I'm sure that every single one of the contestants, Halli included, is moderately scared to death of what tonight has in store. However, like I've been telling my little sister since she won her high school's installment, this is meant to be a fun yet competitive way to showcase even further the immense amount of talent this Valley continues to produce. Try to look past the nerves and jitters and cherish the awesome opportunity at-hand and the lifelong memories this weekend will undoubtedly generate. Although I'll be rooting for the tiny girl representing St. John Central High School tonight, I wish all the Queen candidates the best of luck - you will all be wonderful. Lastly and most importantly, GO BUCKS!

This spring, I was fortunate enough to be hired as the Communications and Philanthropy summer intern at Bordas & Bordas. Each week is a new adventure, and I can honestly say that I have been so busy with a variety of different tasks that it seems impossible to become bored. My first few weeks here were a bit overwhelming, especially after meeting the large, but very friendly staff. I learned so many different names that I almost felt the need to make flash cards to study so I would know who everyone was. Since I didn't really get the chance to chat and get to know many of my co-workers, I think it would be appropriate if I let everyone know a little about my past. I am a Shadyside High School 2011 Alum, and will be heading into my senior year at West Liberty University in August. I am a public relations major and marketing minor, which has opened up many doors of opportunity for me. Although I have worked hard to get where I am thus far, I have to give some credit to the little jobs that have taught me to have a strong work ethic from the beginning. I have had some of the most boring jobs and some of the most exciting jobs in my short 21 years of life. For starters, I have been working at my aunt's Dairy Queen in Shadyside, Ohio for the past eight years. Being the owner's niece, it is only fitting that I refer to this job as the "family prison." This was my first and favorite job for many reasons, one being that I got to work with some of my best friends and another being that I was in my tight-knit community where nobody is a stranger. The job also had some downfalls. For example, when leaving I smelled like fried food and always found a trace of ice cream on my arms, face, or hair; who can go on a date after work like that? Since I've started my internship I will occasionally pick up some weekend shifts, and of course bring some frozen treats to the firm. My least favorite job was when I worked in retail at American Eagle Outfitters. I worked for about seven months and as soon as the holiday season ended, I put in my two weeks. After leaving I realized that working there had its benefits like good music, wonderful co-workers, and wearing nice clothes. The only thing that drove me crazy was that I had to constantly push the sales promotion on anyone and everyone who walked through the door. Whether you admit it or not, everybody finds the sales associates annoying, and I hated being the person that everyone tried to avoid when shopping. Although the job was not my favorite, I did learn some valuable life lessons during my time there, and I got some cute clothes too! The best thing about working at Bordas & Bordas is that it is different from ice cream and clothing; it's a job that is giving me real world experiences to better prepare myself for a future career, while still allowing me to be involved in the community. Something that I have learned the most about during my past two months here is how involved Bordas & Bordas is in the Ohio Valley. I have always been aware of advertisements at the different events that occur in the area, but now that I am behind the scenes and getting a hands-on experience of what it takes to make it all happen I am appreciative, as well as excited to be a part of this team that gives back to its community. I got to partake in summer's biggest party, also known as Jamboree in the Hills. For those of you who didn't know, we had our JITH Ultimate Backstage Experience contest on our Facebook page. After two months, a computer program randomly selected three winners who were treated like Jamboree royalty for the weekend. I will forever refer to this weekend as the "Ultimate Internship Experience." I have given it that title because this event was the icing on top of the cake to my internship. I got to be involved with a lot of the Jamboree process and met a lot of cool people along the way. I also learned a lot about the importance of marketing and advertising. From passing out 15,000 keychains with my boss and co-workers to throwing our 4-foot Bordas & Bordas beach balls off of the JITH stage, I made memories that I will never forget. I have to be honest that it has been a challenge adjusting to the real world and the amount of work and responsibilities that I have been given has been a little overwhelming, but I truly enjoy staying busy and taking on new projects. I know that this internship is all a part of getting real world experience and I really enjoy learning from my mistakes. At the end of each day, I remind myself that constructive criticism is only bettering me for the future. So far, this internship has made me realize that I have chosen the right career path and I am so thankful and excited for this opportunity that may open new doors for me. I cannot think of a better way to spend my last summer of my undergraduate education.