Confidentiality exists between you and your medical providers. This prohibits release of medical records without proper authorization. The Health Insurance Portability and Accountability Act, usually referred to as “HIPAA”, places certain restrictions upon and guidelines for the release of medical information. Releasing Private Medical Records Under the privilege protecting medical records in most circumstances only [...]
How Can Credit Cards Charge Such High Interest Rates?
How can credit card companies charge 30% interest? Didn’t there used to be laws limiting what interest rates companies could charge? This is outrageous. States can and do have “usury laws” limiting the amount of interest that can be charged by lenders. The problem for consumers is a 1978 U.S. Supreme Court case invoking federal [...]
Injury Claim Evaluation By Computer
The same insurance companies with TV ads featuring lizards, friendly hands and smiley faces also methodically feed injury claim information into a computer which crunches the data it feels like crunching and spits out a number. Specific medical documentation is required to establish and optimize any recovery for injuries. This is yet another reason never to do [...]
Debt Collection Abuse
Loss of employment, illness and other circumstances can pile up bills. Outrageous interest rates, charges and fees are enough. But, over aggressive debt collectors top it off. Rude tactics at all hours violate the law. Abusive debt collection practices Federal law prohibits abusive debt collection, defined generally as conduct by debt collectors where they “harass, oppress, [...]
Personal Injury: Settlements are Forever – A Full Final Release is Eternal
When a case is settled, the document bringing the case to a close is usually referred to as a “full and final release”. As the words imply, there is no going back. Questions sometimes arise later, when the injured person finds new or persisting symptoms for whatever reason unknown at the time of the settlement. [...]
Bankruptcy: Essex County, MA
Where do we go for the creditors meeting after filing bankruptcy? That’s a good question if you live on the Massachusetts north shore, specifically in Essex County. Bankruptcy filers in Lawrence file petitions and attend creditors meetings in Worcester, MA. However, those who file 19 miles away in Salem, MA file petitions in Boston [...]
Personal Injury: Emotional Distress
Stress infiltrates our lives. Between bills, demanding jobs, nerve-wracking traffic, getting kids to their activities and other worries, who isn’t stressed? How do courts distinguish every day stress from trauma that crosses the line? For years, courts rejected emotional distress claims. They feared “opening the floodgates”. Foreign Objects in Food People finding [...]
Bankruptcy Basics
There are two basic types of consumer bankruptcy, Chapter 7 and Chapter 13. Chapter 7 cancels or “discharges” many types of debt. Most credit card, medical, and other unsecured debts are discharged, as are most court judgments and loans. Many filers find all of their debts discharged. Debts not discharged include student loans, court [...]
Personal Injury: Prescription Error
Prescription Error A legal cause of action exists against a pharmacy that negligently provides the incorrect prescription. It may be the wrong medication. Other times the wrong dosage is indicated for the “right” medication. Pharmacy error was relatively unheard of at one time but has actually become somewhat common with the increase of big box [...]
Rules of the Road: Turn Signals
Yes, turn signals are required under the law. With degenerating driving habits this issue actually went all the way up to the New Hampshire Supreme Court, which reviewed the rules of the road embedded in state statutes. A motor vehicle operator in Dover was in one of those left-turn-only lanes, stopped at a red [...]




