Kevin Etzkorn Law

Health Care Fraud – Elder Abuse

We represent many elderly clients in a variety of legal matters. We find there are plenty of people and businesses out there that are, unfortunately, willing to take advantage of this population. Pending before the 11th Circuit Court of Appeals is an important and somewhat disturbing case involving elder abuse and Medicare fraud. This whistleblower claim was prosecuted by the United States government against a hospice provider, AseraCare, who had been sending workers to government-subsidized housing communities. There, the workers would solicit poor, elderly people to enroll in a government-funded hospice program. The fraud committed stemmed from the fact these poor, elderly people did not all need “end of life” care, which is what hospice is supposed to be. Although these people were not close to death, AseraCare was taking them out of their homes and using them to get paid. A jury found that AseraCare had committed fraud. But the trial judge reversed the verdict. It is now in the hands of the appellate court. You can learn more about the case here. Click here to learn more about our Health Care Fraud services.

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Child Injury Cases

Just like adults, kids get hurt. However, the system recognizes that children do not have the ability to make legal decisions on their own. Therefore, minors cannot file lawsuits without a guardian or a parent. We represent children who have suffered serious injuries. And we have been involved in child injury claims for the following: If your child has been injured or abused, see a lawyer who represents children. The legal system treats child injuries differently than it does adult injuries. Therefore, you need a lawyer knows how to represent children.

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Legal Liability for Waving Another Driver Through Traffic

Everyone has been involved in this scenario. You are stopped in the center lane waiting to make left a turn into a shopping center. But the lane to your immediate left is bumper-to-bumper. The only way you can get to the shopping center is if there is a gap in traffic. The nice gentleman to your immediate left actually backs up a few feet and waves to you, indicating that you are free to go in front of him. What happens if you make that left in front of him and get hit by a car you couldn’t see in the next lane? Could the gentleman who waved to you be at fault for injuries to you? What if you collide with a car in that next lane and the driver of that car is injured too? Could the “waver” be liable to that injured person too? The answer to all of these questions is “yes.” We see these cases from time to time. We recently filed suit on behalf of a client who was making a turn across two lanes of traffic when waved through by two drivers, and then was struck in a third lane. Both “wavers” fled the scene. We filed suit against our client’s own insurance company under the “phantom vehicle”/uninsured motorist coverage in her policies. Our client had very serious injuries with fractures in her neck and a major head injury. Her insurance company paid to settle. Most clients who come to us with “wave through” cases are uncertain of their rights and of the responsibilities of the waving drivers. Similarly, clients are often unaware that when a driver who causes an accident flees the scene there is still a way to recover through a phantom vehicle/uninsured motorist policy. This is a policy that nearly every insured driver carriers, whether they know it or not.

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