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by The Stoddard Firm - May 26th, 2020
When discussing Medicare wheelchairs, it’s important to note that Medicare itself does not produce medical supplies; it only funds them. The actual suppliers and maintenance providers for devices like power wheelchairs are independent, for-profit companies.
Some are honest businesses that produce safe products to fill medically appropriate prescriptions, but others exist for the express purpose of extracting as much taxpayer money from Medicare as possible, without regard for patients’ needs or decisions.
Power wheelchairs are, or at least recently were, an ideal cover item for Medicare fraud, because of their many uses and high profit margins. The typical scam works something like this:
This practice dates back to at least the late 1990s and seems to have peaked around the mid-2010s with several high-profile cases, including one that resulted in a $7.5 million settlement, and one in which a conspiring doctor was sentenced to two years in prison.
This doesn’t mean, of course, that all remaining wheelchair providers now have patient best interests at heart.
While many prescribed wheelchairs end up gathering dust in healthy seniors’ garages, others go to patients who genuinely have little to no mobility without them.
Given the priorities of fraudulent wheelchair companies — and even some more legitimate for-profit supply companies — it’s hardly surprising when these products turn out shoddily built and dangerous.
Elevated leg rests without forward stabilizers can cause chairs to topple forward, and wheels that do not lock securely can cause accidents during transfers to and from the chair. A single fall can have devastating consequences for a senior, due to the loss of bone mass that occurs with age.
In Louisiana in 2017, a 12-year-old girl responded to a smoke alarm to find an elderly family member on fire in his wheelchair. She tried putting him out, but by the time emergency services arrived, the man had died of his burns.
This was far from the first incident of a power wheelchair apparently setting a catastrophic fire, due to faulty batteries or wiring. Two years earlier, in Florida, a couple’s home was severely damaged by a blaze believed to be started by power wheelchair. Three years before that, in Colorado, a family sued after a Jazzy power wheelchair led to the father’s fatal burns.
Even though Medicare covers regular service for power wheelchairs, many manufacturers and third-party maintenance companies don’t provide the thorough level of attention these devices require to keep functioning safely. Patients whose wheelchairs are not regularly and properly serviced are 10 times more likely to be injured by them, regardless of their original quality.
If you’ve been injured or lost a loved one to a malfunctioning wheelchair, the product liability attorneys at The Stoddard Firm can help.
A dedicated, ethical advocate who takes on major corporations and global insurers with virtually unlimited resources. Known for high-profile cases featured on Courtroom Viewing Network, this attorney is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, they work tirelessly to secure justice and deliver results.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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I went through one of the worst times of my life. When I decided to reach out to Matt it was one of the best decisions I have ever made. He really is a genuine guy who cares about his clients. He worked hard for me and my family for 2 years until we were awarded a settlement we felt deserving! I could not recommend a better guy for your legal services!
Attorney Matthew Stoddard and his staff are awesome professionals. I contacted them with a problem, in my opinion he went above and beyond to assist me. He showed understanding and care and exceeded my expectations.
The Stoddard Firm did an excellent job in representing me in my case ! They went far and beyond to help me, even driving 4 hours to meet me multiple times as a client!!! I honestly felt like I was a member of their legal team and would recommend them to anyone in need of a great lawyer!!!
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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Your information will remain confidential and used solely to contact you about your case.
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