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Kentucky Injury and Accident Library

Our library contains articles and briefs written by our lawyers and other documents and references we think will be interesting and useful to our visitors.

Kentucky Accident Attorney

• Roman Catholic Archdiocese of Louisville Agrees to Pay 243 Victims of Childhood Sexual Abuse $25.7 Million Dollars. [PDF]
  Roman Catholic Archdiocese of Louisville Agrees to Pay 243 Victims of Childhood Sexual Abuse $25.7 Million Dollars.
• Proposed Kentucky legislation to make texting while driving a crime. [PDF]
  texting, driving, accidents, legislation
• Federal Judge Dismisses Comair Plane Crash Victims Consortium Claims [PDF]
  A federal judge has dismissed all of the loss of consortium claims of the Comair Lexington Kentucky plane crash accident victims. This includes the spouse's claims for loss of love and affection as well as parent's claims for the loss of their adult children's love and affection and, finally, the claims of adult children for the loss of their parent's love and affection.
• Hans Poppe WHAS 11 News Interview on McDonalds Strip Search Trial.
• Jury Instructions in Ogborn v. McDonalds [PDF]
  In one of the largest cases in Kentucky history, the jury is out in the Ogborn v. McDonalds matter. Read the insturctions here.
• Progressive Caught Red-Handed
  Progressive Auto Insurance Company caught red-handed practicing bad faith insurance tactics.
• Form to Gather Information if You Are in A Wreck [PDF]
  Keep this handy form in your car in case you are involved in a car wreck. It will help you gather the information you will need to file an insurance claim.
• Tips To Follow If You Are Ever Involved in a Car Wreck [PDF]
  Following these helpful hints could really help you if you are ever involved in a car wreck.
• Insurance Tips for Teenage Drivers [PDF]
  If you have a teenage driver, following some of these tips may lower your insurance premiums.
• Parent's Guide To Teen Driving [PDF]
  If you have a teenage driver, they are much more likely to be involved in a car wreck. Read this to learn what you can do to make them a safer driver.
• Statistics on Kentucky Semi-Truck Accidents [PDF]
  Statistics on Kentucky semi truck accidents. Includes the number of injuries and fatalities as a result of semi truck accidents from 2000-2005.
• Kentucky Dept of Insurance Guide to Purchasing Insurance [PDF]
  Kentucky Dept of Insurance Guide to Purchasing Insurance

Ketucky Legal Malpractice Attorney

• Kentucky Legal Malpractice Attorney Article on Lost Punitive Damages [PDF]
  This is an article discussing whether KRS 411.165 allows Kentucky plaintiffs to recover lost punitive damages in a legal malpractice lawsuit.
• Tennessee Federal Court Order Suspending William Gallion's Lawer, Herbert S. Moncier from practice of law [PDF]
  Fen Phen Defendant William Gallion's criminal attorney, Herbert S. Moncier was suspended from the practice of law for repeated ethical violations and contempt of court.
• Minnesota Lawyer Must Defend Legal Malpractice Case in Kentucky
  A Minnesota lawyer is being forced to come to Kentucky to defend himself in a lawsuit alleging he failed to timely file a medical malpractice wrongful death claim.
• Kentucky Federal Court Finds Jurisdiction Over Minnesota Attorney in Legal Malpractice Lawsuit
  The federal court in the Western District of Kentucky has determined that it can exercise jurisdiction of a non-resident attorney in Minnesota in a legal malpractice lawsuit filed by an Indiana resident.
• I have a Problem With My Lawyer, What Do I do Now? [PDF]
  Sometimes people make the wrong decision in hiring a lawyer; however, that doesn't mean you have to put up with it. Here are some ways to handle the problems people sometimes encounter with attorneys.
• Brief on Emotional Distress Damages in a Legal Malpractice Case
  Plaintiff's Brief on Recovery of Emotional Distress Damages in a Legal Malpractice Case Under KRS 411.165
• Larry Birkhead Lawsuit Against Debra Opri [PDF]
  Larry Birkhead has sued his former lawyer, Debra Opri for legal malpractice, fraud, breach of fiduciary duty and conversion. Read the lawsuit here.
• Crossing State Lines into the Unauthorized Practice of Law [PDF]
  Article by Del O'Rourke originally published in the Kentucky Bench and Bar.
• Dodging A Blank-Avoiding a Frivolous Malpractice Claim-By Del O'Roark [PDF]
  Discusses legal malpractice and negligence in kentucky. Originally published in the Kentucky Bench & Bar Magazine and reprinted here subject to the republication terms outlined in the magazine.
• E-Discovery Risk Management is the New New Thing [PDF]
  Article by Del O'Roark originally published in the Kentucky Bench & Bar discussing the effect of e-discovery on legal malpractice and negligence in Kentucky.
• Getting Physical-Are You Ready for an Office Catastrophe? [PDF]
  Article by Del O'Roark originally published in the Kentucky Bench and Bar discussing the need for lawyers to implement file protection in order to avoid legal malpractice and negligence claims.
• How to Fire a Client [PDF]
  Article by Del O'Roark originally published in the Kentucky Bench & Bar discussing the ethical way to terminate a relationship with a client to avoid a legal malpractice or negligence claim.
• Lawyer Website Disclaimer-Fact or Fiction [PDF]
  Article by Del O'Roark originally published in the Kentucky Bench & Bar discussing whether attorney disclaimers will avoid potential legal malpractice or negligence claims.
• Prospective Clients-Neither Fish nor Fowl [PDF]
  Article by Del O'Roark originally published in Kentucky's Bench & Bar discussing how lawyers can avoid legal malpractice and negligence claims by being clear about "Curb side" consults.
• Sharing Offices-The Risk Management and Practice Considerations [PDF]
  Article by Del O'Roark originally published in Kentucky's Bench & Bar discussing what types of problems office sharing lawyers can encounter and how they can turn into legal malpractice or negligence cases.
• Shredded any Good Documents Lately? [PDF]
  Article by Del O'Roark originally published in Kentucky's Bench & Bar discussing the ethical implications of destroying documents in the context of legal malpractice and negligence lawsuits.
• The Ethical and Legal Malpractice Implications of Impaired Lawyers & Their Unimpaired Associates [PDF]
  Article by Del O'Roark originally published in Kentucky's Bench & Bar discussing the ethical and legal malpractice issues surrounding impaired lawyers.
• The Secret Life of Client Files [PDF]
  Article by Del O'Roark originally published in Kentucky's Bench & Bar discussing the ethical and legal malpractice issues surrounding an attorney's handling of client files.
• Terminology applicable to rules governing conduct of Kentucky Lawyers
  Terminology governing rules of professional conduct for lawyers in Kentucky.
• Rule and Commentary Outlining Competency of Kentucky Lawyers
  Kentucky's rules of professional conduct require lawyers be competent in the work they undertake.
• Rule and Commentary Regarding the Scope of a Lawyers Representation in Kentucky.
  Oulines the scope of representation of Kentucky lawyers.
• Rule and Commentary Requires Kentucky Lawyers Be Diligent
  Kentucky's rules of professional conduct require lawyers be diligent in handling their client's cases.
• Rule and Commentary Requiring Lawyers Communicate with Client
  Kentucky's Rule of Professional Conduct Requires Lwyers Communicate with his or her clients.
• Rule and Commentary Regarding Legal Fees
  Kentucky's rule of professional conduct regarding attorney's fees.
• THE COMPLETE KENTUCKY SUPREME COURT RULES OF PROFESSIONAL COND
  The complete Kentucky Supreme Court Rules of Professional Conduct governing lawyers.
• Indiana's COMPLETE Rules Governing Professional Conduct of Lawyers
  Indiana's Rules of Professional Conduct of Lawyers
• Kentucky Bar Association Gets C+ for Lawyer Discipline. [PDF]
  The Kentucky Bar Association is charged with investigating complaints against lawyers in Kentucky. A non-profit organization in Washington D.C. reviews the material submitted to the American Bar Association by each state's bar disciplinary committee. Based on Kentucky's submission HALT gives a grade of C+ to our disciplinary practice.
• Legal Malpractice by an Infamous Kentucky Attorney
  Kentucky attorney retires becuase of sanctions from 6th circuit court of appeals. O.J. Simpson's former lawyer sued for legal malpractice.

Kentucky Medical Malpractice Attorney

• Can't Wait For The Government To Pass Tort Reform in Your State? Here Is A Form You Can Sign That Voluntarily Opts Your Family Into Tort Reform. Is This What You Really Want? If So, Go Ahead And Sign It!! [PDF]
  Lots of politicians and pundits argue that "tort reform" is needed in order to cut back on all of these "frivolous" medical malpractice lawsuits. I couldn't disagree more. But if you are one of those that agree with the short-sighted, narrow-minded insurance company driven agenda, there's no need to wait for the government to institute tort-reform, here is a legal document that you can sign and give to your health care provider voluntarily subjecting you to tort reform and limiting your legal rights.
• Healthcare Spending Greater in Northeast States
  A study shows that per capita health care spending is greatest in the northeast states. These states are also the most densely populated with physicians, making health care more available. Kentucky is right on the national average for per capita spending.
• D.C. Government pays $650,000 to guardian of mental patient who gouged eyes out, going blind.
• A New York single mother had both breasts removed after a mix-up in a medical lab.
• Hospital Residents Still Overworked
  Two new studies in the Journal of the American Medical Association have found that the ACGME's attempts to limit resident duty hours have done little to reduce patient mortality rates.
• 22% of Stroke Patients Told to Call Physician, Not 911
  1 in 4 stroke patients recieve the wrong advice from hospitals about the best way to recieve treatment.
• The Flea's First Day of Trial [PDF]
  A northeastern pediatrician is blogging about his own medical malpractice trial. He is known as the Flea. His blog was live until a day or two ago. Through the miracle of the waybackmachine.com we were able to find some of his posts.
  Here, the Flea discusses the first day of trial (he has even drawn a cartoon of the plaintiff's attorney). What is most interesting is Flea's comment about what kind of juror he wants....
• The Flea's Tells Us About his Private Conversations with his Lawyer [PDF]
  The Flea explains their trial strategy.
• Flea Explains "what juries care about." [PDF]
  The Flea explains that "juries don't base their decisions on the medicine."
• The Flea reveals why he was sued. [PDF]
  The Flea is a pediatrician who has been sued for malpractice. Here he outlines the plaintiff's complaint.
• Special Report Exposing the Myth around Medical Malpractice Insurance [PDF]
  Are huge verdicts and settlements driving insurance rates so high doctors can't afford to practice? Not likely, this report says.
• Former Kentucky Doctor Facing More than 100 Lawsuits Moves Assets and Changes His Name.
  A former Kentucky doctor is facing more than 100 lawsuits arising out of an 8-month stint at a West Virginia hospital.

Accounting Malpractice Attorney

• Doeren Mayhew Accounting Malpractice Complaint [PDF]
  Lawsuit filed against Doeren Mayhew for accounting malpractice arising out of a Ponzi scheme orchestrated by Edward May.
• Kentucky Staute Requiring Accountant Keep Information Confidential
  Kentucky statute that requires accountants not disclose client's financial information.
• Kentucky Administrative Regulations Governing Accountants
  Kentucky administrative regulations governing accountants.
• Kentucky Statute Governing Accountant's Duty to Give File to Client
  Statute governing accountant's obligation to turn over file to client.
• How To Get Your File From Your Accountant.
  Getting your file from your accountant.

Unfair Insurance Practices Attorney

• Jury Verdict in Daniels v American Physicians Assurance Corp. [PDF]
  bad faith, insurance, kentucky Unfair Claims Practices Act, verdict
• Kentucky Bad Faith Verdict [PDF]
  Kentucky Bad Faith Verdict
• Cincinnati Insurance vs. Hofmeister [PDF]
  Kentucky Court of Appeals Reverses a $28 Million Bad Faith Verdict
• Seven Medicare Companies to Stop Marketing Temporarily
  Seven medicare companies have agreed temporarily stop their unethical marketing practices.
• Kentucky's Unfair claims Settlement Practices Act
  Kentucky recognizes an injured person's rights to bring a claim against someone else's insurance company if the refuse to negotiate fairly. This is known as third party bad faith. In Kentucky, it is known as a violation of the Kentucky Unfair Settlement Claims Practices Act
• Study Shows Unfair Billing Practice For Uninsured Patients
  A study in the Health Affairs journal shows that American hospitals are charging uninsured patients 2.5 times the rate of insurance companies.
• Can Your Car Insurance Drop You? Read this to find out. [PDF]
  Read this document to learn the difference between cancellation and nonrenewal of insurance. You'll also learn under what circumstances your car insurance can cancel or choose not to renew your policy and what you can do to prevent it.

Kentucky Nursing Home Neglect Attorney

• Pressure Sores
  Have a loved one who is bedridden? Whether at home or in a nursing facility, it is imperative this person regularly change positions. In cases where a patient can’t help him or herself, “turning” insures pressure against the body is relieved, even for a short time. If possible, the person should sit up, stand or walk with assistance to avoid lying in one position in bed.
  
  Lying in the one position fosters pressure by way of friction with the mattress, wrinkled clothing or a tangled bed sheet. The heels of the foot, shoulder blades, tailbone and elbows are points where friction against the underside of the body is acute. Bedsores are caused by 1) pressure such as the compression from the force of bone against surface; 2) shear force when skin tissue or muscle sags with gravity or when the skin moves in one direction and the underlying bone in another, pinching a blood vessel, restricting blood flow and depriving a skin area of healing agents oxygen and nutrients or 3) friction, which may cause shedding of epidermis layers. Incontinence and perspiration contribute to bedsores as moisture breaks down bonds between cellular tissues which can break down the epidermis.
  
  With prolonged, unrelieved pressure, sores develop. Commonly called bedsores, they are termed pressure ulcers or decubitus by doctors. These sores are defined and revised by the National Pressure Ulcer Advisory Panel, a professional organization dedicated to the prevention and treatment of pressure sores.
  
  Stage One is referred to as superficial, where redness may occur and pain may be felt to the touch, although there is no skin tissue damage. Stage Two involves open wounds and damage to the epidermis and into but no deeper than the dermis. The sore is referred to as an abrasion or blister. Stage Three features a crater-like wound into but not through the subcutaneous skin layer. This layer has limited blood supply or circulation, so it becomes difficult to heal. With this stage, there may be more damage than apparent. Stage Four is the deepest wound, which extends into the muscle, tendon, joint or bone. Dead skin cells and wound fluid can mask the wound’s depth. According to the MayoClinic.com, Stage Four pressure sores are “extremely difficult to heal and can lead to lethal injections.”
  There are two theories about pressure ulcer formation. The most accepted is the deep tissue injury theory, claiming ulcers begin deep near the bone and destroy tissue as they move outward toward the epidermis. The second theory contends skin deteriorates at the outer surface and moves deeper into the body.
  As with any open wound, controlling infection is at issue. Discharge of pus (bacterial, yellowish-white liquid) is a breeding ground for excess bacteria, especially in patients with weakened immune systems. Symptoms include fever, pain, skin redness, skin warmth and odor. Antiseptics are recommended but hydrogen peroxide is not. Bandage dressings should be changed frequently
  For patients with Stages One and Two ulcers, the wound care team should use guidelines established by the American Medical Directors Association (AMDA) for treatment of these lower-grade sores.
  For those with Stage Three or Stage Four sores, surgery such as a tissue flap, skin graft or other closure methods may be necessary to counter anemia, gangrene or sepsis. Gas gangrene can produce toxins that completely destroy muscle tissue. Sepsis occurs after bacteria from a massive infection (Stage Four) enters the blood and spreads rapidly, possibly causing shock as well as organ failure.
  A more recent intervention is negative pressure wound therapy, which is the application of topical negative pressure to the wound. This technique, developed by scientists at Wake Forest University, uses foam placed into the wound cavity which is then covered in a film which creates an airtight seal. Once this seal is established, the technician is able to remove pus and other infectious materials in addition to aiding the body to produce tissue for the creation of new skin layers.
  In the most severe case (someone with paralysis) pain from the development of a pressure sore cannot be sensed. With no warning signals, the patient doesn’t know to shift their position in bed. For smokers, their ability to physically fight a pressure sore is compromised since nicotine impairs blood flow and reduces oxygen in the bloodstream. Older individuals tend to have thinner skin and are susceptible to physical injury from pressure, friction or shear on the body. They weigh less, meaning there is less muscle or fatty tissue surrounding bones. If someone has poor nutrition, their skin and blood vessels are weakened, making them vulnerable to wound formation. The healing and re-growth rate of skin cells declines in an elderly person who may be fighting a pressure sore.
• Identifying Four Stages of a Bedsore
  It is important to recognize the different stages of a pressure sore.
• Information on the new Medicare Precription Drug Plan [PDF]
  We can't rely on nursing homes to to ensure our loved ones get their medicines paid for by Medicare. If you or a loved one use Medicare to get precription drugs, you'll want to read this helpful document.
• Kentucky Nursing Home Abuse
  Information to help the general public determine when there is a legal case of elder abuse.
• National Coalition for Nursing Home Reform's Guide to Choosing a Nursing Home [PDF]
  Published by the National Coaltion for Nursing Home Reform, this nine page guide will help you choose a nursing home for your loved one.
• Medicare-How to Choose a Nursing Home [PDF]
  If you are responsible for choosing a nursing home for a loved on, download this special Medicare publication.

Video

• Poppe Law Firm in the News

General

• Poppe Law Firm April 2009 Newsletter [PDF]
  Poppe Law Firm Newsletter from April 2009. Discusses various issues pertaining to medical malpractice, legal malpractice, nursing home negligence, automobile accidents and wrecks, unfair insurance claims handling and breach of contract.
• Poppe Law Firm November Newsletter [PDF]
• Louisville Magazine "On the Rise" profile in the Louisville Top Lawyer's issue. [PDF]
  Recently, Hans was recognized as one of six "On the Rise" attorneys profiled in Louisville Magazine's issue of Top Lawyers.
• How to Avoid Getting or Spreading MRSA
  Invasive MRSA infections will kill more Americans this year than AIDS. Avoiding MRSA "hot spots" and taking these precautionary steps can help you from contracting the deadly strain.
• Pamphlet on Kentucky's Open Records Law [PDF]
  In Kentucky, public officials are required to produce records under Kentucky's Open Records Act. This pamphlet, published by the Attorney General's Office explains what records are required to be produced and how to request those records.
• Anthem Insurance shows breakdown of insurance premiums. [PDF]
  Recently, Anthem sent a brochure to its insureds regarding increasing premiums and the reasons it was necessary. Publicly, insurance companies bash lawyers and lawsuits for increasing premiums; however, when the issue is pressed, even they must admit that litigation only accounts for a small percentage of insurance premiums. See the brochure here.
• Poppe Law Firm Fall 2006 Newsletter [PDF]
• Poppe Law Firm Spring 2006 Newsletter [PDF]