Health Maintenance Organizations /HMOs

With the advent of HMOs, it is often difficult for patients to obtain diagnostic testing they may need. The same is true when a patient has been diagnosed with a serious illness and requires a second medical opinion. Be aware of rights you have under your HMO plan. If you are not satisfied with their handling of your medical care, appeal to higher-ranking personnel until you have the result you want, or at least an explanation that makes sense. If time is of the essence, start with your personal physician and seek potential referrals from other doctors, medical societies, friends and relatives. Develop a medical plan that responds to your key health issues. Mandatory Arbitration Clauses

Mandatory arbitration clauses can take away a consumer's right to a trial by jury without their informed consent. These clauses legally bind the consumer to arbitrate their disputes with the seller even though they may not have learned of this mandatory provision until after their dispute occurred.

Before signing an agreement for goods and services, find out if there is a mandatory arbitration clause. Most likely there is, and if so, you may ask for its removal or consult with an attorney. Remember, arbitration clauses don't benefit the consumer. They are a convenient vehicle to bypass your rights and leave you little protection against wrongdoing. Employee Whistleblowing/ Wrongful Termination

Many states, including Missouri, prohibit an employer from discharging an employee because the employee has either reported or threatened to report wrongful or illegal conduct by the employer or its representatives. This law applies to private companies as well as government agencies and not-for-profit corporations.

The Perron Law Firm recently secured a settlement on behalf of an employee of a not-for-profit corporation after he was wrongfully terminated. The employee discovered misconduct and mismanagement by the director and was about to take steps to report this behavior when he was fired.

Courts and some legislatures recognize a strong public policy interest in protecting employees who want to report illegal and wrongful conduct but are afraid of retaliation. Whistle-blower laws protect the employee who wishes to do the right thing. Nursing Homes

Every year more and more Americans end up in skilled nursing facilities because we are all living longer. Increasingly large portions of our economy are devoted to the health and custodial care of the elderly, as well as chronically disabled and handicapped individuals. There has been a corresponding expansion of regulations designed to maintain minimum standards. Government agencies try to enforce these standards by regular inspections and responding to specific complaints. But abuse and neglect still occur. Sometimes individuals are reluctant to draw attention to injuries suffered by their loved ones because they are afraid they themselves will be criticized for allowing a family member to be placed in a vulnerable position. Actually, just the opposite might be true. Looking the other way when someone has been hurt is avoiding responsibility. In order to be part of the solution, not part of the problem, it may be necessary to consult with an attorney familiar with nursing home regulations and experienced in the examination of medical records and similar documents.