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Missouri Omnibus Nursing Home Act provides protection to residents and employees

The Missouri Omnibus Nursing Home Act was enacted as a response to public concerns about the adequacy of state laws, regulation and oversight of the nursing home industry. 

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Who Protects the Patients?

The Missouri Board of Healing Arts falls short.

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Tort Reform Legislation is Unconsitutional
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Expert Witnesses

The Doctors’ Fraternity

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Medical Malpractice Statute of Limitations

Doctors and Hospitals Enjoy Shortened Statute of Limitations

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Tort Reform

Medical Malpractice Litigation Dramatically Reduced

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Collateral Source Rule

No Evidence of Insurance Allowed in Missouri Courts

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A Word About Auto Insurance

What you may not know about auto insurance

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Assist The Injured: If someone is seriously injured, try to make arrangements for a doctor to come to the scene or call an ambulance, whichever is quicker. In any event, keep the injured warm and dry to the extent possible. Do not move the injured person unless necessary to prevent further injury. Otherwise, good intentions on your part may result in further injury.

Protect The Scene: Take all possible precautions to prevent further accidents. Station someone to warn approaching vehicles and, if at night, put flares and reflectors out if possible. Do not move any vehicle, or attempt to do so, until a police officer has arrived and examined the scene, unless the vehicle poses a threat to oncoming drivers. In this case, try to get an independent witness to note the position of the vehicle before moved.

Call An Officer: Give notice of the accident to the local police department if the accident occurs in a city or if it occurs outside city limits, to the office of the County Sheriff or the nearest station of the Highway Patrol or State Police.Even in seemingly minor accidents where there are no serious injuries or property damage, give this notice immediately. An officer usually will make a report if there are injuries involved. His official report may assist you later if a claim for liability is made in your behalf or by another person involved. Make no admissions of fault, partial or total, to the officer whatsoever. Give him only the basic facts. Tell him you will make a complete statement at a later time after you have a chance to consult with us. Missouri law requires only that you give your name, address and registration number of the vehicle you are driving, and that you exhibit your driver's license. Also be sure to tell the officer that you need medical care, even if you are unsure. Serious or not, you cannot afford to take a chance with an injury, as many auto accident injuries are not readily apparent and do not result in immediate pain, especially whiplash and low back injuries. If you are in doubt about your ability to drive, request an ambulance. Never refuse medical attention if offered. You may not think you are hurt, but you may have suffered less obvious injuries that may need treatment. If you don't think you need an ambulance, tell the officer you will proceed to go to the nearest hospital or to your doctor's office" on your own as soon as possible. Ask him for directions to the hospital if you need them.

Obtain Medical Treatment: See a doctor at an emergency room or at his or her office immediately. Remember that serious and costly injuries do not always result in immediate pain or bloodshed. Further, whiplash injuries may not be apparent for several days thereafter, and bone cracks and small fractures may not be apparent or painful right away. Follow up right away with a chiropractor, osteopathic physician or medical doctor, and continue treatment as he or she directs you. Do not miss or postpone appointments.

Contact The Rubin Law Firm Quickly: Contact our law firm as soon as possible, especially if you are injured or think you might develop whiplash or other back injuries. Our office and home telephone numbers are available on the Contact Us page. Remember any statement (even made to a nurse at the hospital) may be used against you in court. Thus, a statement like "I was distracted" or "My neck has been stiff lately anyway" will end up being used to dilute or defeat your claim. Arrest and conviction with an automobile accident cannot ordinarily be used against a party, but his or her admissions and statements can always be used in court. Also, do not speak with persons offering to adjust your case or anyone seeking to settle your case.

Remain at the Scene: Unless injuries made it necessary to leave the scene of the accident, do not leave until you have completed all of the above. Of course, if you are hurt, you may not be able to complete all of these tasks. If so, get help from our office or from someone else (a witness, friend or family member) to assist you. In every event, contact Joseph S. Rubin as soon as possible so that we may take steps to protect your rights from the outset.

Do Not Comment on the Accident: Keep your notes and information strictly to yourself. Do not issue opinions as to who was at fault while at the scene. Admit nothing and sign nothing. Do not take the blame, in whole or in part. Such admissions, even when whispered to someone, may end up being used against you in court. On the other hand, be alert to note any such admissions or statements made by the other driver(s) or witnesses involved.

Obtain Names of Witnesses and Passengers: Get the names, addresses and telephone numbers of any witnesses and passengers as soon as you can - both eye witnesses and all other who may have information about any circumstances of the accident. After writing down their names and addresses, try to obtain form them a statement as to what happened, and have them, if they will, write it down at the scene. Always have a pen and pad in your car.

Photographs: If you have access or gain access to a camera, take, or cause to be taken as many photographs as you can of the accident scene before the vehicles are moved. Try to get all angles of the scene, including skid marks, broken glass on the street, and vehicle damage. Later photographs of the injured, including lacerations and bruises, are also extremely helpful.Take Notes: Make your own written notes on all significant circumstances concerning the accident. Show positions of cars after the accident. Step off exact distances of skid marks and other important distances. Be certain that you can at a later date, point on the road where the vehicles collided and where they came to a stop.

Pay Nothing: Do not make or promise to make any payment of any kind to the other party. Any such payment would be at your own risk. The other driver cannot force you to make a payment without legal proceedings, nor can he hold your car without legal action. Contact The Rubin Law Firm as soon as possible at (636) 916-3300 or (314) 726-5252. Do not deal with or even speak to an insurance adjuster, representative or investigator without first consulting us. If they contact you to obtain a statement, refer them to our law firm for any information they are requesting.

Inform Your Insurance Company: Report the accident to your insurance company promptly, but give no statements or details to how the accident happened or the nature or extent of your injuries. Refer the insurance representative to us for that information. Failure to make a prompt report may affect your rights against your own insurance company. Often you will make this first report to your agent, who is usually quite friendly. He is not the claims adjuster, but he is taking a report to from you which he will be taking to the claims adjuster. Remember, statements made to your own insurance company can end up in the hands of the "other guy's" lawyer or insurance company. Further, if you are unfortunate enough to be involved in an accident with an uninsured motorist, we will have to make a claim against the uninsured motorist coverage of your own policy. Thus, never assume your insurance company's representatives (even your agent) are on your side. Many times they are not. Thus, make no admissions or statements whatsoever, until we have discussed the situation with you.

File Reports: In most cases, Missouri law requires that the drivers or owners of cars involved in an accident report the accident to the Safety Responsibility Division of the Department of Revenue if one or both drivers do not have automobile liability insurance. These reports must be filed within 60 days of the accident, but need not be filed if the parties have agreed on a settlement. You can get forms and information as to whether the report is required from our office.