Although there have been significant improvements in prevention in the treatment of many medical conditions, cancer rates remain surprisingly high and may soon surpass heart disease as the leading cause of death in the United States. According to a recent editorial in the New York Times, (by Dr. Rita Redberg and Rebecca Smith-Blindman) many experts believe that a major cause in these statisics may be related to the over use of medical imaging with high dosages of radiation. The resulting exposure in medical radiation has increased more than six fold between the 1980’s and 2006, according to the National Counsel of Radiation Protection and Measurements. The radiation doses of CT Scans are 100 to 1,000 times higher than the conventional x-rays.

Although there is no dispute that the use of medical imaging can make a lifesaving diagnosis, there is also evidence of the relationship between radiation and the development of cancer. A single CT Scan can expose a patient to the amount of radiation that Epidemiologic evidence shows could be cancer-causing.

These risks have been demonstrated directly in large clinical studies in Britain and Australia. In the British study, children exposed to multiple CT Scans were found to be three times more likely to develop Leukemia and Brain Cancer. A 2011 report, sponsored by the Susan G. Komen, Institute of Medicine, concluded that radiation from medical imaging, and hormone therapy, the use of which has substantially declined in the last decade, were the leading environmental causes of breast cancer. They advised women to reduce their exposure to unnecessary CT Scans.

CT Scans once rare are now routine. One in ten Americans undergo a CT Scan every year, and many of them get more than one. This increase is a result of multiple factors including a desire for early diagnoses, higher quality imaging technology, direct to consumer advertising and the financial interest of doctors and imaging centers.

CT Scanners cost Millions of Dollars; having made that investment purchasers are strongly incentivized to use them. Therefore, if you or a close family member are involved in an automobile accident or other trauma, which requires you to receive emergency room treatment, it is important that the emergency room physicians be advised that they are not authorized to order routine multiple CT Scans before they meet or even examine the patient. Such practices usually provide no evidence of benefit and should be avoided.

Patients should be advised, before agreeing to a CT Scan, whether it will lead to better treatment and outcome. They can ask whether the treatment prescribed requires this testing. Any alternatives that do not involve radiation, like ultrasound or a MRI, should also be discussed.

Although the use of CT Scans are still an important arsenal in the diagnostic tools available, they should not be used unnecessarily. These scans can expose patients to unnecessary levels of radiation which may in fact cause more harm than the condition which the CT was ordered to diagnose.

If you or a close family member have any questions regarding the appropriate medical care and treatment that you should receive following an automobile accident or trauma due to another’s, please call Attorney Gary Sernaker at (858) 509-0188 or email him at Gsernaker@gmaill.com

Mr. Sernaker has been representing trauma victims for over 30 years and will be able to answer your questions regarding the appropriate medical care that you should receive for the injuries sustained.

A fatal accident involving a California ride-sharing driver has illuminated the potential risks to using this new high-tech carpooling system. The question is who pays when something goes wrong?

Companies such as Uber, Lyft and SideCar have previously insisted that the insurance they provide to their drivers is sufficient to cover most auto accidents. However, a recent catastrophic incident, involving a six year old, who was killed while crossing a San Francisco street, with her family, illustrates the uncertain territory in which these new taxi-like services operate. Uber, disputes its responsibility for one of its driver’s causing this fatality, because he was not carrying any passengers at the time of the occurrence.

Other ride-sharing firms dubbed “Transportation Network Companies” recently received permission to legally operate in California, in September. These firms connect people who need rides and drivers of their own passenger vehicles by a smart phone applications. Operators retain a portion of their fares which seem to be as much as a 1/3 cheaper than those of traditional taxis.

These firms, are regulated by the California Public Utilities Commission. As part of the new rules they operate under, companies must carry $1,000,000 worth of liability insurance when a privately owned car is being used to carry a passenger for a fee. The liability coverage kicks in when damages exceed the limits of the driver’s own personal liability policy. Therefore, it acts as an excess Umbrella Policy.

However, it is currently uncertain exactly when these drivers and their own vehicles are actually covered by the excess policies required by the California Public Utilities Commission.

It is currently unclear whether passengers, pedestrians, and other drivers are sufficiently protected against the actions of any of the drivers who participate with these transportation network companies.

It’s also unclear, whether an individual’s own private insurance policy, would provide any protection in the event that they were negligent while operating their own vehicle when working for these companies. Most standard auto insurance policies contain exclusion for “Livery” which essentially means driving for hire. Commercial policies, do provide coverage for providing a vehicle for hire. However, commercial insurance premiums are typically Ten times more expensive than those charged for personal auto policies. Additionally, passengers are not covered for uninsured or underinsured coverage, while an occupant of a transportation network company vehicle when they are involved in an accident which is due to the negligence of the driver.

It appears that it’s now up to the PUC to require better insurance coverage for ride-sharing drivers. At a minimum, these ride-sharing companies should be required to carry the same commercial auto insurance policies as taxi owners. That requirement would eliminate the gap in insurance where the personal insurance of the driver won’t apply when he or she is providing commercial transportation.

The California Department of Insurance should also require additional safeguards, to protect the victims of accidents, which occur through the negligence of a driver who is participating in one of these ride-sharing companies.

If you or a close family member have been involved in an accident involving either a commercial carrier, trucking company, or ride-sharing company, please feel free to contact Gary Sernaker. He has been representing victims of these types of accidents for over 30 years and will be able to evaluate your case in order to obtain the compensation that you are entitled to under California law. He can be reached at (858) 509-0188 or by email at gsernaker@gmail.com.

Anthem Blue Cross is raising rates on thousands of their older individual customers who have insurance policies, unaffected by the Affordable Care Act. These premium increases are as high as 25%. These increases, are scheduled to go into effect on April 1. This date is appropriate since the insurance company mistreating its customers and continue to subject them to the arbitrary dictates and multiple coverage exclusions utilized to unfairly exclude to fully cover appropriate medical care. Even after the insured’s extremely high annual insurance deductibles have been met.

These policies, have been grandfathered because they were purchased before the Federal Health Care Law was enacted in 2010. As a result, there are not shielded from significant rate hikes.

Anthem Blue Cross claims that these rates reflect the escalating healthcare costs which are supposedly an economic reality industry wide. However, recently published statistics regarding healthcare costs, indicate a decline across the board, since the Affordable Healthcare Act went into effect, in recent months. State regulators have accused healthcare insurers of exaggerating what they expect to pay for patient’s future medical care costs in order to support these exorbitant rate increases. Overall, U. S. Healthcare spending has been growing at less than 4% annually in recent years which is the lowest growth rate in more than 50 years.

Comments filed with regulators by the California Public Interest Research Group Education Fund question why Anthem Blue Cross was raising these premiums so high in excess of medical inflation. These proposed rate increase, appear to have no adequate justification.

California State Insurance Commissioner Dave Jones has previously accused Anthem Blue Cross of unreasonable increases when they raised their rates only 10% on some of their customers, covered by other grandfathered policies.

A current initiative, on the November ballot seeks to provide the California Insurance Commissioner with the power to deny excessive increases for healthcare coverage. At the present time, he does not have the authority to reject these rate increases regardless of how exorbitant or unfair they might be. If the Insurance Commissioner is unable to take action under these circumstances, Anthem Blue Cross and the other healthcare insurance providers holding these grandfathered insurance policies, will continue to increase their premiums until they price their customers out of the market forcing them to purchase alternative policies which may be substantially inferior to the coverage and care that they have long been accustom to receiving from the physicians of their choice.

A concussion is a minor traumatic brain injury that may occur when the head hits an object or a moving object strikes the head.

It can affect how the brain works for a while. A concussion can lead to a bad headache, changes in mental activity, or loss of consciousness.

A physician should be contacted if a head injury causes changes in alertness or produces any other worrisome symptoms including (1) changes in or unusual behavior; (2) changes in speech (slurred, difficult to understand, does not make sense); (3) confusion; (4) difficulty waking up or becoming more sleepy; (5) double vision or blurred vision; (6) fever; (7) fluid or blood leaking from the nose or ears; (8) a headache that is getting worse, lasts a long time, or does not get better with over-the-counter pain relievers; (9) persistent headaches in a specific location of the head; (10) problems walking or talking; (11) seizures (jerking of the arms or legs without control); and (12) vomiting more than three times.

A concussion can result from a fall, sports injury, industrial accidents, or auto accidents. A big movement of the brain (called Jarring) in any direction can cause a person to lose alertness (become unconscious). How long the person stays unconscious may be a sign of the severity of the concussion.

Concussions do not always results in loss of consciousness. Most people who have a concussion never pass out. They may describe seeing all white, black, or stars. A person could also have a concussion and not realize it.

Therefore, if an individual notices the following changes in alertness and consciousness, confusion that does not go away, short-term memory loss, unusual eye movements, walking or balance problems; then they should seek immediate medical attention. An individual suffering a head injury may also be withdrawn, easily upset or confused, have a hard time with tasks that require remembering or concentrating, is sensitive to noise or fatigues easily.

If you or a close family member have suffered a head injury, as a result of the negligence or carelessness of another individual, company, or defective product then please contact Attorney Gary Sernaker to discuss your case in order to receive an evaluation regarding how to proceed in order to obtain a fair and reasonable compensation for these injuries, as well as the economic and emotional hardship which results. Mr. Sernaker has been representing individuals suffering significant brain injuries and other types of closed head injuries for over 30 years. He is very experienced in recommending the appropriate medical care, and testing to confirm the severity of these type of injuries as well as the ability to properly represent you against the insurance company or manufacturer involved responsible for causing the harm which occurred. Please contact him at (858) 509-0188 or at gsernaker@gmail.com

Graco children’s products has recently issued a voluntary recall of 650,000 Stand Alone Snug Ride Infant Car Seats that they concede may be missing hardware intended to attach the seat to its base. If the components are missing, or assembled incorrectly, the car seat cannot be securely attached to the base and could detach in circumstances involving a sudden stop or other vehicle collision.

On November 6, 2012 Britax, another infant seat manufacturer recalled some of their convertible car seat models because of the insufficiency of the material used as the seat cover which they found out could be chewed or bitten easily causing small pieces of the pads to come off the car seat posing a choking hazard.

In February 2011 some Mico, On Board, Alpha Omega Elite, Enspira, Priori, Prospect and Vantage car seats from the Dorel Juvenile Group were included in another recall for infants seats manufactured between May 1, 2008 and April 30, 2009. Infant seats manufactured during that time, were found to have a front harness adjuster which could stick in an open position, allowing the harness to loosen during travel.

The recall of these infant car seats, and other baby products, indicate the significant risk of harm which can result as a consequence of a product which is negligently designed or manufactured.

If you are in the unfortunate circumstances of having a child who has experienced an injury that should not have occurred due to a defective product, of any kind, please call Gary Sernaker, an attorney who has specializes in handling products liability cases against major automotive manufacturers including General Motors, Toyota, Ford and many other manufacturers. He will assist you to obtain an appropriate settlement, or resolution of your case to compensate you for the harm which has been caused by their product.

Mr. Sernaker can be reached to discuss your case. Please contact him at (858) 509-0188 or at gsernaker@gmail.com

The question to decide before pursuing a personal injury case is whether or not you, the injured party, have a chance to obtain fair compensation for the changed circumstances or situation you are now forced to deal with, due to the negligence of another individual or company.

The ability to obtain a fair and reasonable recovery for the physical, emotional, and economic hardship which is a result of a significant or catastrophic injury depends upon selecting an attorney equipped with the skill, knowledge and experience to counter and overcome the strategies and tactics employed by most if not all of the major insurance carriers who employ their arsenal of experts and resources to undermine the injured party’s credibility and integrity.

It is important to remember that your attorney is typically fighting against an Insurance company with significant financial resources. They can hire medical and other experts who depend upon these companies financially. “You can’t convince a man to believe in something that he is being paid not to accept.”* It is important for an individual, who is unexpectedly involved in a situation where they have suffered a serious or catastrophic personal injury to hire an attorney who has successfully been able to circumvent the “usual suspects” or cadre of Insurance Company paid experts typically hired. Your attorney must be experienced in undermining their credibility while also being able to convey to the jury how their opinions are typically influenced by the “highest bidder”.

Gary Sernaker is an attorney who both respects and empathizes with his clients.

*Upton Sinclair

If you or a close family member requires the services of a personal injury attorney, please contact him to discuss his perspective on your situation to determine the most effective way to proceed in order to obtain an appropriate settlement. Please contact him at (858) 509-0188 or at gsernaker@gmail.com

California law requires that employees be covered under workers’ compensation in the event that they sustain an injury on the job.

When an employee sustains an injury during the course and scope of his employment, he or she is automatically covered under workers’ compensation to receive appropriate medical care and temporary disability payments if they are unable to work.

There are times however, when an injured employee also has the right to pursue a civil action against an individual or company, outside of his employee/employer relationship, who is responsible for causing the injury suffered.

A third-party claim can be pursued when there is another subcontractor on the job who is the cause or responsible for the injury the employee sustained. Other examples would be a non-employee motorist, property owner, landlord or the manufacturer of an unsafe product whose defect results in injury.

The employee then has an opportunity to obtain full compensation in light of the fact that workers’ compensation does not provide any component for past or future pain and suffering. Therefore, if a debilitating injury is sustained which effects the employee’s lifestyle, outside of his work, there is no component for compensating him for those damages under the workers’ compensation system. Furthermore, the amount received under the temporary disability provisions may be less than the actual income, which the employee has lost as a consequence of his inability to work due to the injuries suffered.

The third-party claim, would enable the injured worker to obtain full compensation for past and future pain and suffering. Full reimbursement is also available for past and future loss of earnings. (In the event that the employee is unable to continue working in the type of job that he or she was doing at the time of the injury and requires vocational rehabilitation.) Such alternative employment, usually reflects a lower level of income which the employee would be able to earn as a consequence of the limitations or disability which has resulted from their injury.

If the employee’s employer also was negligent and contributed to the incident, it may be possible to negotiate a significant reduction in the right of employer’s workers’ compensation carrier to obtain reimbursement for many benefits received from the third-party. There are many other issues with regard to the coordination between the third-party claim and workers’ compensation that requires a case by case evaluation.

Mr. Sernaker has represented construction injury victims and many other employees who have been injured as a consequence of the fault of a third-party, which has significantly enhanced the amount of money which the injured employee was able to recover as a result of on the job injury.

Therefore, if you have been injured on the job and have any questions about whether or not you have a right to pursue a third-party claim, please call the Offices of Gary A. Sernaker or email him at gsernaker@gmail.com

Photo Credit: Mercy Health, Flickr.

Typically when an individual is deciding to retain an attorney with regard to a personal injury case a retainer agreement will be provided with provisions in accordance with the mandates of the California State Bar.
Once a fee for the attorney service is negotiated, and all fees under California Law are negotiable except those for medical malpractice cases, then there will also be a provision which should be discussed by the attorney being interviewed which relates to additional expense of ‘costs’.

Under California Law, no attorney can pursue a claim for personal injuries without an “expectation of reimbursement” for the costs incurred in pursuing the case from his clients regardless of the outcome of the case. What this means is, that in addition to the attorney’s fee, the attorney is also requesting to be reimbursed for his out-of-pocket expenses, actually incurred, in the preparation and prosecution of the case.

These costs typically include those expenditures made outside of the attorney’s office which can include obtaining the traffic collision report from the appropriate law enforcement agency, copies of medical records and the fees for hiring the appropriate experts to substantiate the necessary elements of the claim being presented.

Typically these expenses or costs, are not very significant. They can vary from the $100’s to $1,000-$2,000 if the case is resolved prior to trial. However, the costs of pursuing the case, through trial, necessitates having witnesses appear live in court. Typically, some physicians charge $2,500-$10,000 in order to leave their practice to testify even for an hour or two in court.

Litigants are now also required to procure the services of their own court reporter and are required to pay daily jury fees in addition to the costs of having the necessary exhibits and equipment to present the case during trial. Typically, the cost expenditures in presenting even the simplest case at trial can easily exceed $10,000.

Although some of these costs can be recouped, upon the successful outcome of the case, often times the amount of the expenditures exceed the reimbursement recovered. This represents a further deduction from the client’s share of the recovery.

What costs should not include are any in-house expenses which the attorney incurs in the operation of his or her practice including the costs of their staff, legal assistants, copying, faxes, postage or other expenditures which are part of the resources of the attorney’s practice justifying the percentage fee that has been agreed to be paid for the underlying representation of the client.

It is also critical that the retained attorney makes every effort to minimize the expenses when necessary in order to avoid having unnecessary amounts deducted, at the conclusion of the case, from the client’s share of the recovery.

The attorney’s job, in representing the personal injury client, should be to maximize the net recovery of the client’s share of any settlement or verdict obtained.

Gary Sernaker has been representing personal injury victims for over 30 years doing exactly that. Mr. Sernaker’s extensive network of experts, investigators and other specialized personnel enable him to avoid incurring unnecessary expenses in order to maximize the net recovery for his clients.

If you are interested in discussing your case with him, please feel free to call (858) 509-0188 or email gsernaker@gmail.com.

One of the hardest decisions that most of us will have to make in our lifetime is to determine when it’s appropriate for a loved one to become a resident of a nursing home. Unfortunately, there is no more heartbreaking circumstance than to discover that your parent, grandparent or other close relatives has been the victim of nursing home neglect or abuse.

If you believe that your parent or loved one has received substandard care, or abused by employees of the nursing home where they are residing, there are important steps to be taken in order to protect them against further abuse.
Some helpful tips which can be vital for victims of nursing home abuse or neglect are as follows:

1. Immediately report any suspected abuse or neglect to the administrator of the facility where the harm is occurring.
2. More importantly, you can also contact the California Department of Health Care Services. This agency oversees the operation of nursing homes you can register your complaints which will trigger their investigation into the operation of the nursing home where the abuse may be occurring.
3. Take photographs and more importantly videos, of the victim of the neglect or abuse is cognizant of what occurred, and is able to coherently discuss the nature of what has transpired. These videos would preserve their account in the event that their mental acuity diminishes further making it difficult for them to recall the necessary specifics of the neglect or abuse which unfortunately transpired later on.

Nursing home neglect and abuse cases also often involve a myriad of legal, medical, nursing and financial issues.
The Law Offices of Gary A. Sernaker uses a multi-disciplinary team from the initial case evaluation through the conclusion of your case. The vast majority of cases will be assigned by him to the necessary health care professionals and other members of the team assembled in order to ensure that all issues, care and mistreatment of the patient have been identified, in order to effectively litigate your case.

The Law Offices of Gary A. Sernaker will provide a strong and experienced advocate on your side to stand up for your rights and hold the facility responsible for the damages caused by the neglect and abuse of your loved one.
Also, he will provide a compassionate ally who will aid you and your family through this difficult time in order to obtain compensation for the harm inflicted.

One of the biggest sources of misunderstanding that most individuals have who are involved in an automobile accident is why it’s necessary for them to receive medical attention, as soon as possible for their physical complaints.

People who experience pain and discomfort as a consequence of an automobile accident injury believe that the insurance company, of the party responsible who caused the accident, will accept the fact that they have been not only inconvenienced but injured as a consequence of their insured’s negligence. Most individuals, are reluctant to have to pay out of pocket for medical care, to confirm the fact that they’re in pain. Individuals, who receive medical care, often become discouraged and stop going to the doctor, when their condition remains unimproved even after they have been taking appropriate anti-inflammatory medication, received physical therapy, and sometimes even injection therapy.

The fact of the matter is, that insurance companies, will not pay an individual who has legitimately been injured in an auto accident if they do not receive appropriate medical care to not only confirm the nature and extent of the physical injuries sustained but also the prognosis of that individual’s condition. Many times, the patient will receive a preliminary diagnosis to indicate that they have suffered merely a sprain or straining type injury that will slowly improve over time. However, many times these preliminary diagnosis are wrong. Only after considerable time and treatment, the true underlying condition and the severity of the injury can’t eventually accurately diagnosed. There are many times, that until an MRI, nerve conduction test, or other appropriate medical testing is authorized, the patient’s complaints are not fully and completely diagnosed in order to ascertain the full severity of the individual’s injury. Insurance companies will typically have their lawyers argue to a jury, that the failure of the injured party to have sought appropriate medical care, or who failed to follow-up on recommendations made to suggest that the symptoms where either exaggerated or untrue.

Often times, if there is a significant time gap in treatment, the defendant’s attorneys will argue that the injured party had recovered from their injuries and that the continued complaints being made, at a later time, are totally unrelated to the subject auto accident. Therefore it’s critical, that an individual who has been injured as a consequence of another’s negligence, make every effort to follow through and received appropriate medical care, keeping track of their co-pays or deductibles that are required to be paid out of pocket and to follow the recommendations of their doctors when treatment is prescribed. If little or no improvement is experienced, after following the recommendations of your physician, then it’s important for you to obtain a second opinion from a qualified specialist to determine why there has been little to no improvement from the injuries which have resulted following an auto accident or other type of injury.

If you or a member of your family have been involved in auto accident please feel free to contact the Law Offices of Gary Sernaker to discuss the appropriate medical care that you or your loved one should be receiving in order to recover from your injuries and to properly compensated for the full nature and extent of the economic, physical, and emotional injuries which have resulted.

Gary Sernaker has been representing individuals against insurance companies for over 30 years in order to receive full compensation for them. If you have any questions about any aspect of a case involving yourself or any injured of your family please call Gary Sernaker can be reached at (858) 509-0188 or email at gsernaker@gmail.com.