Showing posts with label insurance news. Show all posts
Showing posts with label insurance news. Show all posts

Sunday, June 14, 2015

Drastic Cuts to Accident Benefits Ahead

The provincial government is quietly pushing forward a bill that slashes the insurance coverage available for people injured in Ontario car accidents....

More / source: http://oatleyvigmond.com/drastic-cuts-to-accident-benefits-ahead/#.VXHpvlJqS1A 

Ontario's 25-Year No-Fault Journey


Ontario's auto insurance system is unrecognizable, and it is time to stop tinkering. The concept of using an insurance system to provide a social safety net is flawed, perhaps requiring in its place a system where private insurance companies provide both third-party liability and physical damage coverage while a Crown corporation delivers accident benefits.....

 

More/ source: By: Willie Handler, Consultant, Willie Handler and Associates 2015-05-01
 http://www.canadianunderwriter.ca/news/ontarios-25-year-no-fault-journey/1003649700/?type=Print%20Archives

Tuesday, May 26, 2015

Don’t be fooled by the Insurance Bureau of Canada

Cambridge Times
 
CAMBRIDGE- What is wrong with the Ontario government? They are yet again further reducing auto insurance coverage without requiring any premium reductions. 

This is the worst of both worlds, and it comes after a year of record profits for insurance companies and a study which concluded that motorists overpaid for auto insurance by $840 million in 2013 alone. 

When I wrote a letter to the Times (“Insurance companies reaping profits”, April 28), exposing insurance company largesse, it was responded to within 24 hours by the head of the Insurance Bureau of Canada, Ralph Palumbo.   

His quick response demonstrates how well organized the insurance lobby is in this province. 

Mr. Palumbo doesn’t want you to think about the profits insurance companies are making. 

So instead, he talks about the need for “transparency and fairness”. 

But even there he is on shaky ground. He will not disclose how much insurance companies pay him to lobby on their behalf.   

We do know that the Insurance Bureau of Canada has a lobbying budget of $32 million per year, and that money comes out of your pocket. 

This is your money being used to persuade the government to reduce the assistance you get if you are in an accident.............

More/ source: http://www.cambridgetimes.ca/opinion-story/5612022-don-t-be-fooled-by-the-insurance-bureau-of-canada/
 

Sunday, May 10, 2015

Crash victims slam auto insurance rule changes

In the blink of an eye and the twist in a road 11 years ago, the lives of two young sisters changed for ever.
Shannon and Erica Deering were teenagers looking ahead to full and active lives.
Shannon, now 29, had won a scholarship to play softball in Florida. Erica, now 26, was still in high school but had hopes of becoming a lawyer.
All that changed in a horrific crash when both sisters suffered dreadful spinal injuries that left them quadriplegic.



http://www.torontosun.com/2015/05/07/crash-victims-slam-auto-insurance-rule-changes



Tuesday, May 5, 2015

Government slashes benefits to seriously injured MVA victims and calls it “Promoting consumer protection”

It’s a sad day for Ontario consumers when our government puts the interests of big business insurance companies ahead of the health and well-being of Ontario’s injured auto accident victims. The slashes to auto insurance coverage in the 2015 budget  can only be seen as a step closer to public auto insurance when with every cost saving solution the IBC comes up with in order to curtail claims means the unsuspecting tax-payer will pay more of the costs for victims through our publicly funded programs.

View our latest media release:  FAIR reaction to Budget April 28 2015

Ontario already has an auto insurance claims disaster:  Ontario’s Auto Accident Victims in Crisis

We’ve been overpaying for years: Returns on Equity for Automobile Insurance Companies in Ontario

What are auto accident victims losing so Insurers can gain greater profit on the backs of the injured?

The definition of catastrophic is set to be severely restricted to make the definition consistent with the latest medical evidence. That will likely mean that combining physical and psychological impairments will no longer be permitted. This will see many severely accident victims without adequate coverage.
 
Coverage available for catastrophically impaired victims will be cut in half. The limit of $1 million each ($2 million right now for both) for med/rehab and attendant care will be limited to $1 million total for both med/rehab AND attendant care combined. There will be optional coverage available at an added cost.
 
The standard duration for med/rehab benefits will be reduced to 5 years instead of the previous 10-year maximum, except for children. Costs for care will then fall on Ontario’s taxpayers through OHIP and various public supports.
 
Non-catastrophic coverage will be reduced. If the budget is passed, med/rehab and attendant care coverage will be $65,000, down from the current combined total of $86,000. Consumers will have an option to increase this coverage up to $1 million at an added cost.
 
The six month waiting period for non-earner benefits will be eliminated the duration of non-earner benefits will be limited to two years after the accident.
 
The government will be introducing amendments to the Insurance Act to adjust the deductible and the disappearing deductible amount to reflect inflation since 2003 and link it to future changes in inflation. The deductible or the amount you insurer is ‘allowed’ to keep when a claimant takes the insurer to court is presently $30,000 for cases in civil court that are worth less than $100,000. This is already a deterrent to victims’ ability to hold insurers accountable. There will be further changes to allow for the effect of the tort deductible to be taken into account when determining a party’s entitlement to costs.
 
Call or write to your MPP and tell them you expect better at: http://www.ontla.on.ca/web/members/member_addresses.do?locale=en 

Source: http://www.fairassociation.ca/

Last year alone, we taxpayers spent $165 million on refunding doctors for the bulk of their medical liability fees.

That’s me and you, paying for the legal defence of doctors who stick their penises in our mouths while we are semi-conscious and strapped to operating tables.

Source/ more:

 

Ontarians Overpaid For Auto Insurance By Up To $4 Billion

Image Courtesy of ©iStock.comA damning report on the auto insurance industry in Ontario was released yesterday by two York University professors in Toronto, on behalf of the Ontario Trial Lawyers Association. The report suggests insurers were allowed to overcharge insurance premiums dating back to 2001, which may have cost Ontario drivers as much as $4 billion in overpriced rates.



Source / more:
http://www.lowestrates.ca/news/ontarians-overpaid-auto-insurance-4-billion-1656 

Tuesday, January 20, 2015

Inside Canada’s secret world of medical error: ‘There is a lot of lying, there’s a lot of cover-up’

| | Last Updated: Jan 19 5:16 PM ET
More from Tom Blackwell | @tomblackwellNP



As Helen Church woke up one morning just before Christmas 2012, the pain that had been building for weeks behind her right eye reached an excruciating climax.

Screaming in agony, she ran around her east-end Toronto apartment before finally managing to call 911 and passing out.

For the second time in short succession, she had fallen victim to health care gone badly awry.

Just two years earlier, Ms. Church went to a nearby hospital to have an ovary removed as treatment for a painful cyst. She left hours later with the ovary still in place — and a piece of mesh embedded in her abdomen to repair a non-existent hernia.

Then, months later, a specialist replaced an artificial, cataract-correcting lens that he said had started to wear. The result: That eye was now blind and growing increasingly painful.

The ophthalmologist, another specialist told her later, had implanted the lens in the wrong position, obscuring her sight and puncturing a duct, causing a slow bleed and massive pressure.

“There was so much blood in there, it blew the eyeball out of my head. It was hanging on my cheek,” said Ms. Church, a razor-sharp 83-year-old. “The blood was just dripping everywhere … I was hysterical, the pain was so bad.”

Both incidents point to dangerous breakdowns in the Canadian health-care system. But don’t expect to find any public record of either apparent blunder — or of thousands of similarly harmful and sometimes deadly mistakes that occur in facilities across the country each year.

Most instances of the system hurting rather than healing patients, in fact, are not even reported by staff internally, a National Post investigation has documented.

Research suggests that about 70,000 patients a year experience preventable, serious injury as a result of treatments. More shocking, a landmark study published a decade ago estimated that as many as 23,000 Canadian adults die annually because of preventable “adverse events” in acute-care hospitals alone.
The rate of errors may be even higher today, some evidence suggests, despite the millions of dollars spent on much-touted patient-safety efforts.

Yet a tiny fraction of those cases are publicly acknowledged and usually only in the form of antiseptic statistics. For most serious treatment gaffes, not even the sparsest of details is revealed, making the vast problem all but invisible.

The Post has also learned there is no routine, public documentation of one common source of health-care harm — malfunctioning medical devices linked to dozens of deaths and hundreds of serious injuries every year.

“Learnings from these things, even when a good investigation is done, are going into black holes,” said Darrell Horn, a “critical-incident” investigator who spent several years with the Winnipeg Region Health Authority. “They’ve created this perfect, invisible box to put everything in.”

Manitoba is actually a rare exception to the opaqueness that shrouds medical error in Canada; single-line descriptions the province has released for the last three years offer at least a snapshot of what calamities can befall patients.
Among the 100 cases reported in the three months ending Sept. 30, 2013, was that of a new mother who had a heart attack after staff inadvertently gave her a blood-pressure-increasing medication, instead of a nausea antidote following a caesarean section.

Another patient, known to be at risk for blood clots, suffered a fatal cardiac arrest when staff neglected to provide preventive treatment after surgery.
A woman needed a second operation after an X-ray revealed a screw from a broken clamp had been left inside her during a C-section.

And, without further explanation, one patient “underwent unnecessary open-lung biopsy.”

For the rest of the country, such cases occur in a vacuum, most not reported at all and virtually none described with any kind of narrative.

In fact, legislation in most provinces bars information on adverse events being released to malpractice plaintiffs or publicly divulged under freedom-of-information acts. The laws are designed — with limited success — to encourage internal reporting of mistakes.

A health-care culture still straitjacketed by an old-fashioned hierarchy, fear of legal action and a focus on punishment rather than learning from mistakes also keeps missteps bottled up, say health workers and safety experts.

A nurse at an Ontario hospital, who asked not to be identified for fear of repercussions, said she works with two surgeons whose skills are so lacking, “I wouldn’t even want them to touch my dog.”

She filed an anonymous complaint against one several years ago, but little changed. Now, she stays mum about problems ranging from high rates of post-op infections to surgeries frequently needing re-dos.

“We do turn a blind eye and walk away,” the nurse admitted. “There is a lot of lying, there’s a lot of cover-up, which turns my stomach.”

By contrast, preventable injury and deaths in many other arenas — from homicides to industrial accidents and road crashes — are routinely divulged by police or other authorities.
There is a lot of lying, there’s a lot of cover-up, which turns my stomach
The starkest counterpoint to health care’s lack of transparency around error, however, is offered by the aviation industry.

On the way to dramatically improving the safety of flying, the sector has become conspicuously open about its mishaps. Canada’s Transportation Safety Board, for instance, posts details online of current investigations into everything from actual crashes to ground vehicles inadvertently driving across airport runways.
The constant, transparent exchange of safety information not only helps curb accidents, but enhances passengers’ confidence in the industry, says John Pottinger, an aviation-safety consultant and former Transport Canada official.
“Where the public even thinks it is being deceived or doesn’t have the whole story, then right away we get suspicious,” he said.


Source: 

Imaging study finds first evidence of neuroinflammation in brains of chronic pain patients

By on  

 A new study from Massachusetts General Hospital (MGH) investigators has

found, for the first time, evidence of neuroinflammation in key regions of the

brains of patients with chronic pain. By showing that levels of an inflammation-

linked protein are elevated in regions known to be involved in the transmission

of pain, the study published online in the journalBrain paves the way for the

exploration of potential new treatment strategies and identifies a possible way

around one of the most frustrating limitations in the study and treatment of

chronic pain – the lack of an objective way to measure the presence or intensity

of pain.

Source and  more: http://www.psypost.org/2015/01/imaging-study-finds-first-evidence-neuroinflammation-brains-chronic-pain-patients-30902

 

FCAD hosts panel blasting Health Canada on transparency


medical_secrets-11
Photo: Andrei Pora

By Gabriela Panza-Beltrandi

The Faculty of Communication and Design presented a panel Tuesday on the code of silence surrounding Canada’s healthcare system, exploring how Health Canada and various quasi-public agencies obstruct journalists and the public from getting access to vital information about health and health care in Canada.

Rob Cribb, an investigative reporter at the Toronto Star and Ryerson journalism instructor, spoke at the panel about his personal experiences trying to access information from these organizations. He explained that one of the biggest obstacles to gaining access to vital information about health and health care in Canada is the Quality of Care Information Protection Act (QCIPA).

“QCIPA is essentially a blanket exemption hospitals can use to limit the information they are mandated to provide to the public,” said Cribb.

Because of this act, requests for information filed by journalists or members of the public can take months if not years to be answered (if their request is not denied altogether), and Cribb explained how many times, the final information that is not censored and delivered contains no relevant data.

“The reason it’s so tough is that the system is gauged against us… It’s set up to ensure secrecy,” said Cribb whom suggested 99 per cent of complaints and concerns concerning negligence filed to the Ontario College of Physicians and Surgeons are kept from the public.

Aside from these rare cases, the panel spoke about how a major problem in Canada is its difficulty to hold anyone accountable because of how hidden information is.

Joel Lexchin, an emergency physician at the University Health Network and a professor in the School of Health Policy and Management at York University, explained why transparency is important in regards to Health Canada, especially with the way it regulates prescription medication.

“The information Health Canada [sees about drugs] is not also seen by independent scientists,” said Lexchin. “This is no real way to know how good a job the people at Health Canada are doing… Without somebody else being able to look at that data, we have no idea.”

Lexchin said that with the limits Canada gives drug companies and Health Canada on how much they can approve to be revealed, many important details are left out.

Drug companies have to supply Health Canada with  information to get their drugs on the market; results of animal tests, lab tests, and human tests. Health Canada reviews the drug before approving or denying it, but the public does not get to see these comments from the reviewers explaining their decisions, and we don’t know the names of the drugs Health Canada did not approve to be released.

Lexchin says releasing this information is vital to give doctors a better knowledge of exactly what drugs they are prescribing patients, instead of just the minimal information drug companies provide them with.

“Doctors need to get objective information… That information is in the reviews that Health Canada had done about the product, but we don’t get those reviews.”

In some cases, researchers have had to turn to the U.S.’s Food and Drug Administration (FDA) to gather information about drugs used in Canada because of how much easier that access is granted across the border.

“No one in Canada seems to care about it,” said Cribb. “The United States would have been outraged about this kind of security. In Canada, we smile and nod, and we say ‘oh well.’ and too often frankly, journalists do that… we don’t challenge these ridiculous delays and denials.”

He added: “There really are no checks and balances on [the industry] other than us. The only thing that strikes a moment of fear in the heart of a drug CEO… is an impending story to be published on the front page… If we’re not doing that, then there is no other check and balance that puts the public’s interest first.”

Source: http://theeyeopener.com/2015/01/fcad-hosts-panel-blasting-health-canada-on-transparency/

One-third of social security tribunal members have ties to Conservatives

Tuesday, January 13, 2015

Fraud against insurance claimants - business-as-usual

Dec. 9, 2014
Personal injury lawyer Maia Bent from Lerners LLP writes this open letter about (Sibley) SLR Assessments who carry out the IMEs (Insurance Medical Examinations) for TD Insurance and how they have been altering doctors reports to show that claimants are less injured then they are in reality. And all this to be able to deny these individuals their benefits. We talk of insurance fraud with the focus being on claimants but finally the flip side is getting some coverage.  You can be sure that this wouldn't be happening if SLR hadn't been given a 'tacit' go ahead.

Dear Colleagues,  

I am involved in an Arbitration on the issue of catastrophic impairment where Sibley aka SLR Assessments did the multi-disciplinary assessments for TD Insurance.  Last Thursday, under cross-examination the IE neurologist, Dr. King, testified that large and critically important sections of the report he submitted to Sibley had been removed without his knowledge or consent.  The sections were very favourable to our client.  He never saw the final version of his report which was sent to us and he never signed off on it.
 

He also testified that he never participated in any “consensus meeting” and he never was shown or agreed to the Executive Summary, prepared by Dr. Platnick, which was signed by Dr. Platnick as being the consensus of the entire team.  

This was NOT the only report that had been altered.  We obtained copies of all the doctor’s file and drafts and there was a paper trail from Sibley where they rewrote the doctors’ reports to change their conclusion from our client having a catastrophic impairment to our client not having a catastrophic impairment.  

This was all produced before the arbitration but for some reason the other lawyer didn’t appear to know what was in the file (there were thousands of pages produced).  He must have received instructions from the insurance company to shut it down at all costs on Thursday night because it offered an obscene amount of money to settle, which our client accepted.
 

I am disappointed that this conduct was not made public by way of a decision but I wanted to alert you, my colleagues, to always get the assessor’s and Sibley’s files.  This is not an isolated example as I had another file where Dr. Platnick changed the doctor’s decision from a marked to a moderate impairment.  

Maia
  

Maia L. Bent | Lerners LLP| Partner | phone 519.640.6306  | direct fax 519.932.3306| MBent@lerners.ca|85 Dufferin Ave, London- Ontario - N6A 1K3
Source: http://www.deniedbenefitclaims.com/blog.html

Monday, January 12, 2015

Toronto doctor who sexually abused teen patient 35 years ago should lose medical licence: regulator

| | Last Updated: Jan 7 5:50 PM ET
More from Joseph Brean | @JosephBrean

TORONTO — Eleazar Noriega, a repeat sex abuser pediatrician, should be stripped of his medical licence to reflect the profession’s “abhorrence” at his “gross sexual exploitation” of a vulnerable 15-year-old female patient, says the College of Physicians & Surgeons of Ontario.

Dr. Noriega, 70, subjected the girl to “protracted sexual stimulation under the guise of a medical examination on the occasion of her last visit to him at the teen clinic at the Hospital for Sick Children” in Toronto in 1979.

He has shown no evidence of remorse, the CPSO prosecutor noted, and the passage of time should not be seen as a mitigating factor. Likewise, another finding of sex abuse against him in 2003 “demonstrates that this is not an isolated occurrence.”

“She was the epitome of the vulnerable patient,” said the prosecutor, Amy Block. “There are no mitigating factors.”

The victim testified Dr. Noriega said he needed to check if she was sexually active. He touched her clitoris for two to three minutes, causing her to have an orgasm, as if he were “scrubbing a spot off a pot.”
Dr. Noriega kept his head down during the legal arguments before the tribunal that will decide his fate, barely paying attention, and at times reading a paperback copy of The Progress of Love by Alice Munro.

This case of abuse only came to light in 2008, when police laid charges against Dr. Noriega for allegedly abusing an eight-year-old patient, and the 1979 victim heard his name on the news. Those two cases were tried together. After lengthy proceedings, only the 1979 complaint was upheld by the CPSO’s discipline committee.

Both were also the subject of criminal charges laid by police, but dropped before trial by the Crown.

Dr. Noriega had already been found guilty of sexual abusing another female patient in 2002, when she was 17. He was tried criminally for that but acquitted by a jury.

Given the political climate in which the Ontario government has called for review of the CPSO’s sex abuse policies, the case for revocation would seem to be strong.

In fact, if Dr. Noriega had committed this same offence after 1991, the revocation of his licence would be automatic under the CPSO’s zero-tolerance policy. But because it happened 35 years ago, it has been prosecuted under the old legislation, and thus his licence might be saved.

His lawyer argued the more appropriate penalty would be a “lengthy” suspension of his licence, perhaps for a year, followed by reinstatement with conditions he not see female patients without a monitor, and post a notice to this effect in his office.

Dr. Noriega has been working under those conditions since 2003. In 2013, he was found to have violated them, “misled” a CPSO investigator, and taken a “cavalier” attitude to those serious restrictions, which were imposed after the first sex abuse finding.

His lawyer also filed letters of support from patients, saying they are “emblematic of his general reputation for good care and medical service.”
As a Mexican who immigrated to Canada in 1977, he sees many unilingual Spanish-speaking families who would otherwise find it hard to get a pediatrician.

A decision is not anticipated for several weeks. The CPSO is also seeking more than $40,000 in legal costs.


National Post
• Email: jbrean@nationalpost.com | Twitter:

Source: http://news.nationalpost.com/2015/01/07/toronto-doctor-who-sexually-abused-teen-patient-35-years-ago-should-lose-medical-licence-regulator/
 

Accident or illness benefits denied? Radio show addresses the issues

CBC's Ontario Today, an hour long news and call-in radio show is addressing on Jan 6th the issue of what car insurers and extended health insurers put legitimate claimants through in order to deny their benefits. You can find it at 99.1 or 100.9 or 93.5 (check online for your area) or you can listen online. The call-in number is 1-888 817 8995. The focus of the show is on seriously injured people with medically valid claims who are still being denied.

You would think that benefits would not be denied to people with serious injuries or illnesses but their denial gets ratcheted up big time when the car insurer or extended health carrier know that the illness or injury is serious enough to warrant long-term benefits. Insurers spend more not to pay than to pay legitimate claimants and they use all kinds of unsavory techniques to get you to drop your claim. How they go about this, and how you can protect yourself is all written out in "So You Think You're Covered! The Insurance Industry Rip-Off". Chair, Rhona Desroches who represents FAIR, an organization whose members are mva victims who have been put through hell by their insurers and are thus fighting for insurance reform, has said that the title of my book is very accurate.


If you miss the live radio program you can hear it as a podcast on 'Previous Episodes' at www.cbc.ca/ontariotoday/

 

Source: http://www.deniedbenefitclaims.com/blog.html

 

Veteran Affairs Canada, WSIB and Insurance companies in general

Nov. 26, 2014

No matter who the payor is, it appears that legitimate claimants requiring health benefits from Veterans Affairs Canada, WSIB, CPP Disability or any car insurer or extended health provider for (LTD) long-term disability benefits will have to fight to get what is owed.

As recently pointed out by auditor general Michael Ferguson  and reported in a Waterloo Record article today by Murray Brewster (p.A3), veterans payouts are delayed for months and they face dizzying paperwork. These claimants often suffer from PTSD and need treatment quickly as their families also suffer. CBC's Ontario Today did a program a few weeks ago on paramedics, fire fighters and police who suffer from PTSD because of what they experience on the job. WSIB doesn't even cover them for this very serious disorder and works harder at denying benefits to legitimate claimants for other injuries than offering those benefits. Extended health carriers and car insurers likewise will put legitimate claimants through a nightmarish process of for hire-medico-experts who run Insurance Medical Examinations (IMEs) more often than not in favour of the insurer despite independent physicians reporting on the legitimacy of an individual's health problem or injury.

Ferguson points out that "The department doesn't really seem to have spent time looking at the process from the point of view of the veteran. And we think the department needs to put themselves in the shoes of the veterans who are trying to access these services in order so they can understand the experience of trying to navigate through that whole process just to get an answer" (ibid. Waterloo Record, Nov. 26, 2014, p A3). The IBC (Insurance Board of Canada), insurers and the government of Ontario have neither put themselves in the shoes of all those other legitimate claimants.

The focus steadfastly remains on fraud against insurers to the extent that anyone filing a claim for more serious injuries or illnesses is made to feel like a scammer. Ontario's Bill 15 which comes into effect on December 1 and will have adverse consequences for anyone with a serious injury from a motor vehicle accident (mva) is seen as the bill to end all fraud but does not so much as look or consider the fraudulent behavior of car insurers when presented with legitimate claims. And when you read it, it sounds like fraud will be defeated and we all applaud with our thoughts going to the story we heard about some person or the neighbour we saw who is wearing a neck brace as a result of some accident yet looks fine to us but is doing some outdoor task, so we presume she or he must be scamming. We are the experts after all! For sure there are scammers and the 2012 Automobile Anti-Fraud Task Force estimates that organized crime is responsible annually for over a billion dollars of fraudulent claims. And yes, there are individual scammers who have their car disappear and say it is stolen or who have additional  body work done than that caused by a fender bender. And there are those who use whiplash or back pain when it might only be a short-term problem after a fender bender and try to collect long-term income replacement.  But these individuals are in the minority and we should all remember that fraud exists everywhere, in all walks of life, in every company by bosses, employees and so forth. Even taking pens or other office equipment home from work for our personal use is theft.

So why are we so quick to say yeah for these insurers, or government bodies and equally as quick to think that any one filing a claim is scamming. We pay premiums in hopes of never having to make use of our policies but when a claim is legitimate, the payor should pay up and not force claimants through months even years of waiting, denials, medical testing and more medical testing when their own family physicians and specialists will back up the seriousness of their illness or injury, and all this in hopes they will drop their claim. If you had any idea how much money was spent to deny legitimate claimants their benefits you'd be horrified. Between the IMEs, private investigators, lawyers, much more is spent than the claim is usually worth but the hope is that the claimant will drop out sooner as opposed to later. And most do drop their claim out of frustration, emotional turmoil, a worsening of their health issue because of the stress and decide they no longer have the energy to fight. The payor wins again.


Source: http://www.deniedbenefitclaims.com/blog.html
 

Doctor finally faces possible penalty for sexual abuse of young patient — 35 years later

|
More from Joseph Brean | @JosephBrean
On Wednesday, 35 years after Eleazar Noriega, 70, molested a teen, arguments will be heard about his penalty.
TORONTO — As Ontario reviews its policies on sexual abuse by doctors, the case of Eleazar Noriega shows how drastically wrong such cases can go, and the lasting effects they have on victims.

On Wednesday, 35 years after Dr. Noriega, 70, molested a teenage female patient at a Toronto clinic, the College of Physicians and Surgeons of Ontario is to finally hear arguments about his penalty. Options range from a reprimand to a licence suspension — which would be his second for sexual abuse — to full revocation. Even under the college’s policy of “zero tolerance” for sexual abuse, little about his fate is certain, and given his ongoing appeal, this penalty might not be the final word.

As an illustration of the devastating scope of his misconduct, however, the key moment came six years ago, when police laid charges, later dropped, alleging Dr. Noriega molested an eight-year-old girl in his uptown Toronto office, based on a complaint by her mother, who claimed to have witnessed it.

Two women read that news, and for each it triggered powerful feelings of regret, because both had been molested by Dr. Noriega under the guise of medical exams, more than 20 years apart, and neither felt they did as much as they could to stop it happening to someone else.
‘It made me feel sick, that if I had come forward those little girls wouldn’t have been molested too’
As one victim put it, he created “a cycle of blame for us.”

“It made me feel sick, that if I had come forward those little girls wouldn’t have been molested too,” said the 1979 victim, in testimony before the college.
“I felt blame, too, like it was my fault it happened again, I didn’t do enough,” said the other victim, who was abused in 2002 when she was 17.

“I know he was grooming me,” said the woman, now 30, who was then a high school student with a troubled home life, and now has a successful career in Toronto television media. In an interview, she described the progressive way he touched her and inquired about her personal life. She recalled one incident with a serious sunburn. “I just remember the way he was putting cream on my back was too much.”

The identities of both women are protected. Criminal charges involving the girl were dropped by prosecutors, and dismissed as not credible by an earlier college tribunal.

A pediatrician, Dr. Noriega had seen the 2002 victim all her life, and as she grew older, she felt he was scheduling more frequent appointments, and filling his chart with inquiries about her sexual behaviour and drug use.
“I think he used it as ammunition to make it seem like I was this unstable person,” she said.

The abuse she endured is strikingly similar to that described by the 1979 victim, which also led to a criminal charge that was dropped by the Crown before trial. The younger woman has also come to realize how similarly vulnerable they were.

Her abuse spanned two appointments in 2002. The first was confusing, and made her wonder if she was over-reacting. On the second, she deliberately dressed to “make myself look unappealing,” and only went because she was so ill. Under the pretence of examining her for bronchitis, Dr. Noriega molested her with his hands on her breasts and genitals, under her underwear, with no glove. It seemed to her he was trying to arouse her. It was traumatizing, and it led her to file complaints with police and the college.

She developed post traumatic stress disorder, which was manifesting in sleeplessness and nightmares, often on the theme of Dr. Noriega coming to murder her or her younger sister with a knife. A year later, her friend’s younger sister, Holly Jones, was the victim of a high profile murder motivated by pedophilia, and the doctor and murderer became linked in her mind.
“I don’t think I fully faced how much it affected me,” she said. “Mostly [now] I try to avoid the whole situation. … My revenge is that he knows what he did, and it’s going to come back around sometime.”
‘My revenge is that he knows what he did’
It has been a long time coming. Before the criminal trial, the college accepted Dr. Noriega’s plea of “no contest” to her complaint of sexual abuse, and suspended his licence for nine months, and made him take a course on “boundaries.”

Soon after, at the criminal trial, Dr. Noriega’s lawyer used his records to cross-examine her on everything from drug use to the colour of her thong underwear. The jury acquitted him of sexual assault.

“I remember they wouldn’t really look at me,” she said of the jurors.

This current case — based on the 1979 complaint, which was first reported in 2008 — is similarly convoluted. The college first heard it jointly with the complaint about the eight-year-old girl, leading to conviction only on the 1979 complaint. But Dr. Noriega appealed, won a new hearing, and was found guilty again of the 1979 complaint. A key issue was whether the 2002 victim could testify to establish a pattern, or whether Dr. Noriega’s settlement meant her case could never again be used against him.

That issue is likely to factor in his appeal, because she did testify at the second tribunal, and she felt more confident than ever. Her attitude toward defence lawyers had changed. Once, she thought she was the only victim. Then she learned she was not.

As she put it, “I’m going to rise up this time and you’re not going to push me around, because I’ve been bullied through this whole situation.”

National Post
• Email: jbrean@nationalpost.com | Twitter:

Source: 

To Ontario’s MPPs – does Ontario no longer want an honest justice system?

There is increasing evidence that Ontario’s auto accident victim’s medical files are routinely being altered to suit Ontario’s insurers need to save money. Portions of medical reports have been removed, manipulated or even changed entirely without the author’s knowledge or consent in order to minimize victim injuries. Signatures have been forged or used without permission in many cases. All of these deceitful acts are done to mislead our justice system and to lower claims costs.
Claimants have long known about the shady and unacceptable deceptive nature of claims handling in Ontario. It’s time that our legislators and law-makers acknowledge Ontario’s insurance company fraud, whether it be an adjuster, an assessor, assessment centers, treatment facility or the insurer themselves whose policies support or encourage swindling legitimate claimants out of the coverage they paid for.
What are Ontario’s legislators going to do about this insurance fraud? Has it become so deeply ingrained in the system and accepted by our lawmakers that it is now a universally accepted deceptive business practice? A recent revelation from a respected Ontario litigation lawyer (below) reveals just how common this practice of deceiving claimants and our courts about the severity of their injuries is.
Is this what you signed up for? Is this what the fight on fraud is all about – just a one sided attack on claimants? When a trier-of-fact lays it out there that "State Farm accepted the opinions of its medical advisors to support its routine denials of benefits" (below) isn't it time to acknowledge that the word ‘routine’ means insurer fraud is happening on a daily basis and harming legitimately injured MVA victims?
Will you continue to slash coverage while calling it fighting fraud or is Ontario going to do something about this systemic disease that threatens the very nature of our justice?
Accident victims deserve better and we depend on our courts for justice when insurers behave badly. Ontario’s consumers expect our legislators to act in the best interests of the people of Ontario and we look to you to enact legislation that protects consumers from fraud and unacceptable business practices that cause harm.
Sincerely,
Rhona DesRoches
FAIR, Board Chair
‘FAIR – supporting auto accident victims through advocacy and education’

Source: http://www.fairassociation.ca/
 

Should A Government Demand Money From An Accident Settlement?

A car accident 18 years ago led to a $1.5 million settlement for the victim, whose life has never been the same. However, the Nova Scotia government is taking legal action to claim some of the money paid out to the family.

A CBC News team spoke with the family of Joellan Huntley in southwestern Nova Scotia. Huntley, now 33 years old, was only 15 in 1996 when she was struck by a car that swerved off the road in order to avoid hitting a dog sitting in the middle of the driving lane.

Huntley was severely brain damaged in the accident, unable to walk or talk following the incident. She was taken to a hospital, and has lived at the Kings Regional Rehabilitation Centre near Waterville, Nova Scotia ever since leaving the hospital.

Insurance companies of both the driver and the dog owner agreed to an out of court settlement of $1.5 million to help pay for Huntley’s medical care. The money helps pay for physiotherapy, while the centre assists Huntley with her eating habits. Due to the accident, the now 33 year old is fed through a tube.
But the provincial government, led by Community Services Minister Joanne Bernard, wants some of the money paid to the Huntley family to finance the physiotherapeutic care. In a statement submitted to Nova Scotia Supreme Court, Bernard wrote that the provincial health system deserves to be compensated for some of the care provided to the Huntley family.

“This is not a situation that anybody wants to see themselves in, whether it be the department or the government, and certainly not the family. But this is case law at this point in time, and it’s public policy and it’s been on the books for many, many years in this province.”

The judge overseeing the case, Justice James Chipman, is giving both the province and the family until January 9th to submit any new arguments before making a decision. However, Chipman took issue with the province’s previous argument.

Source: http://www.lowestrates.ca/news/should-government-demand-money-accident-settlement-1442#sthash.KyDovEmV.dpuf


MORE

Joellan Huntley insurance clawback case defended by province

Nova Scotia tries to clawback insurance settlement from woman with catastrophic brain injury

CBC News Posted: Dec 12, 2014 12:14 PM AT Last Updated: Dec 12, 2014 2:28 PM AT
Joellan Huntley was injured in a 1996 traffic accident, which left her unable to talk or walk. She has to be fed through a tube.
Joellan Huntley was injured in a 1996 traffic accident, which left her unable to talk or walk. She has to be fed through a tube. (CBC)
Nova Scotia's community services minister is defending the province's decision to try to clawback an insurance settlement from a 33-year-old severely brain-damaged woman.

When Joellan Huntley was 15 she was injured by a car, whose driver had swerved to avoid a dog on the road.

In Supreme Court Wednesday, Justice James Chipman grilled the lawyer for the province. He questioned why anyone in the situation faced by the Huntleys would bother to fight for an insurance settlement, only to have it taken away.

“It just seems rather perverse, doesn’t it?” he said.

Insurance companies for both the dog owner and the car owner have paid Huntley's family almost $1.5 million.

When the province learned of the settlement, it launched legal action to take some of that money back.

Province says it's entitled to money 

Community Services Minister Joanne Bernard says the province is entitled to the money in order to pay for Huntley's care.

“This is not a situation that anybody wants to see themselves in, whether it be the department or the government, and certainly not the family. But this is case law at this point in time and it’s public policy and it’s been on the books for many, many years in this province,” she said.

The family has been using the settlement money to obtain extra care beyond the basics provided by the Kings Regional Rehabilitation Centre where Huntley, who has to be fed through a tube, has been living since 1997. They say the insurance money helps pay for things the province doesn't cover, like physiotherapy.
Her parents say the extra comforts have helped her bronchitis.

“The last time she had bronchitis, she recovered in two weeks, without having to go into the hospital because she's having this therapy," said her mother, Louise Misner.

A ruling in the case is expected early in the new year.

Chipman gave lawyers for both sides until Jan. 9 to supply any extra documentation to support their arguments. He’s promising a written decision after that.
Source: http://www.cbc.ca/news/canada/nova-scotia/joellan-huntley-insurance-clawback-case-defended-by-province-1.2871201

Nova Scotia to review policy around insurance for catastrophic injuries

By: THE CANADIAN PRESS 2014-12-15

HALIFAX - Nova Scotia's community services minister says there will be a review of the government's policy around insurance settlements for those who have suffered catastrophic injuries.

Joanne Bernard says the move is in response to the case of Joellan Huntley, a woman who was left unable to speak or walk following a car accident in 1996.
Huntley's family is in court fighting an attempt by the province to claw back a $1 million insurance settlement won for her care.

Nova Scotia reviewing auto catastrophic injury policy
Bernard won't comment on the specifics of the case, but she says no family should have to go through a similar court process, so the province will review its options following a decision in Huntley's matter expected Jan. 9.
Bernard defended the province's position last Thursday, saying then that there was an expectation that people should have to pay for care provided by the province.


Source: http://www.canadianunderwriter.ca/news/nova-scotia-to-review-policy-around-insurance-for-catastrophic-injuries/1003395968/?&er=NA
 

Sunday, January 4, 2015

FAIR Board Chair, Rhona DesRoches will be on an open line talk show about delays in insurance

Ontario Today, TUE JAN 6th, between 12 and 1pmFAIR Board Chair, Rhona DesRoches will be on an open line talk show about delays in insurance payouts and the lack of access to benefits. Jokelee Vanderkop will be interviewed about her new book 'So You Think You're Covered! The Insurance Industry Rip-Off', a captivating and all-too-real story about her 12 year long battle for benefits and her odyssey through Ontario's dysfunctional auto insurance system after a car crash in 1997. As much as this book is a personal story it is also a valuable source of information for victims.
 

Ontario Today
The show that invites Ontario listeners to join an on-air conversation about the news of the day. Call 1-888-817-8995.


Jokelee Vanderkops new book 'So You Think You're Covered! The Insurance Industry Rip-Off can be found at:
 http://deniedbenefitclaims.ca/

UPDATE
Tomorrow's CBC Ontario Today show at 12pm has been rescheduled to take place on Wednesday, January 21 at 12pm.