Automobile Dealerships – Out of Trust – Keepers

The Necessity of a Keeper

When a lender feels its security is in jeopardy, it frequently places a keeper in the dealership. This action is usually precipitated by the lender losing its “comfort level” with the dealer.

While many dealers interpret the placing of a keeper in their dealership as a hostile action on the part of the lender, their reaction is based more upon emotion than logic. The lending officer works for a corporation and the corporation is owned by shareholders. The officer has a duty to the company and to the shareholders to protect their security.

“The act of (a lender) in placing its representatives at the plant of its debtor reflected only the natural instincts, interest and solicitude of any other creditor then in its position, and (the lender) is not on that account alone to be penalized by being declared the principal.” Commercial Credit Co. v. L.A. Benson Co., Inc. 184 A. 236, at 240 (Md. 1936).

See too: Cosoff v. Rodman (In re W.T. Grant Co.), 699 F.2d 599 (2d Cir.) cert. denied, at: 104 S.Ct. 89 (1983) where the court said the banks would have been derelict in their duty to their creditors and stockholders if they did not keep a careful watch on the debtor.

The lending officer did not wake up one morning and decide it would be a good idea to put a keeper in the dealership. In the typical case, the dealership had either been experiencing financial difficulties for a period of time, or a series of floor checks revealed the dealer had “sold and unpaid” vehicles of such an unusually high proportion to monthly sales, that the lender classified the vehicles as being sold out of trust. In either situation, a prudent lender must view the dealer from a different perspective.

No one can predict what a person will do under the continued pressure of serious financial difficulties. By the time a lender puts a keeper in a dealership, the burdens the dealer is shouldering have been growing for some time. The dealer usually does not fully comprehend the extent of the strain under which he or she has been functioning; but, when one faces numerous negotiations with creditors, endless days of chasing cash to make payroll and pay bills and does not have enough cash to purchase and keep a good trade, one’s judgment becomes clouded. An experienced lender knows that a normally rational person can do most anything when placed under a sufficient amount pressure, for a sufficient amount of time.

When the keeper appears, the dealer rather than being vengeful or hurt should realize the dealership needs professional help and seek it. There are many ways to continue operating a dealership with a keeper and to resolve the situation, re-capitalize the store, or sell the dealership at a fair price, vis-à-vis a fire sale.

In most instances, a keeper is placed in a dealership upon the mutual consent of the dealer and the finance company. At the meeting preceding such an action, it is wise for the parties to identify, agree to and understand the specific duties and corresponding actions, of the keeper.

The Keeper’s Affirmative Duties

Although the primary concern of the keeper lies in the care and custody of the floored vehicles, in most instances the lender also holds a security interest in all or part of the dealership’s assets. Consequently, the keeper will want to be and should be aware of the dealer’s attitude towards assets other than the floored vehicles and should report to the credit company any indication on the part of the dealer to dispose of any such assets.

The keeper, usually more than one person, will be at the dealership every business day from the time the first employee arrives, until the last employee leaves. The keeper should be responsible for:

(1) The condition, location and security of the pledged assets;

(2) Keeping the vehicles’:
a. Ignition Keys
b. Dealer License Plates
c. MSOs and / or Invoices and other documentation required to transfer title.

(3) Being present when the mail is opened;

(4) Taking custody of the cash and checks;

(5) Taking custody of the unused check stock;

(6) Supervising preparation of the bank deposit and agreeing upon whom will make the deposit;

(7) The disposition of proceeds on contracts of sold vehicles, to be sure the money gets to the proper parties;

(8) Arranging for third party finance companies, which purchase the dealer’s contracts, to include the lender’s name on proceeds checks, or, in the alternative, to refuse to permit the dealer to contract a sale to other finance companies;

(9) Being responsible for protecting the vehicles after the dealership closes; if the vehicles cannot be blocked from exiting the facility, via a fence and “blockers”, a security guard should be hired;

(10) Establishing a means of maintaining a running, daily, or semi-daily, inventory control of unsold vehicles. Only one vehicle at a time, for which the lender has not received payment, should leave the dealership, whether of not that vehicle is floored;

(11) Being aware of the activities in the Parts Department and its employees.

Courts have approved of lenders controlling the release of the bank’s collateral, depositing all accounts receivable in a special banking account and requiring the counter-signature of the bank’s agent for all payments from the special account [Ford v. C.E. Wilson & Co. Inc., 120 F.2d 614 (2d Cir. 1942)], receiving regular reports on the accounts payable activity, receiving estimated weekly expense budgets [Edwards v. Northeastern Bank, 39 N.C. App. 261, 250 S.E. 2d 651 (1979)], proffering advice to the dealer, even coupled with a decision to withhold credit [In re Beverages International, Ltd., 50 Bankr 273 (D. Mass 1985), requiring the debtor to hire a consultant acceptable to the bank in the management and sale of the company, requiring the debtor to implement a lockbox with respect to its receivables and requiring certain individuals to pledge their stock in the debtor, to the bank [In re. Technology for Energy Corp, 56 Bankr. 307 (E.D. Tenn. 1985).

Acts a Keeper Should Not Perform

If the work-out plan ever deteriorates and/or the relationship becomes hostile between the lender and the dealer, or creditors or employees of the dealer, the keeper’s will come under the scrutiny of a court. In such a case, those actions could be the beginning of a basis of liability or exoneration for the lender. In order to best protect the lender, the keeper should be aware of the following:

(1) The lender has an affirmative duty not to unnecessarily, maliciously or promiscuously disclose the financial condition of its debtor and any unauthorized disclosure could be a basis for both compensatory and punitive damages. Rubenstein v. South Denver Nat’l Bank, Case No 86CA0840 (Colo. 1988);

(2) Participating in board meetings and exercising decision making authority with respect to the day to day operations of the business could make the lender liable for all of the debts of the debtor. Lurgen, Liability of a Creditor in a Control Relationship With Its Debtor, 67 Marq. Law Review 523 (1984); See too: Restatement (Second) Agency, Section 14-0, Comment “a”;

(3) Evidence of personality conflicts with the borrower could support a bad faith claim by the debtor. K.M.C. v. Irving Trust Co., 757 F.2d 752 (6th Cir. 1985)

(4) Making threats which the lender is not prepared to carry-out, may support a fraud action against the lender. State Nat’l Bank of El Paso v. Farah Manufacturing Co. 678 S.W.2d 661 (Tex. App. El Paso 1984).

(5) Misleading a lender who intends to refinance the debtor, as to the debtor’s financial condition may result in liability to the third party lender. General Motors Acceptance Corporation v Central National Bank of Mattoon, 773 F.2d 771 (7th Cir. 1985).

Note too: while a factory does not seem to owe a duty to protect a lender’s floor plan status, to inform the lender of the fact that the dealer is going to sell, there is a triable issue of fact as to whether or not the factory has a duty to disclose the foreseeability of the dealer going out of trust. Beneficial Commercial Corp. v. Murray Glick Datsun, Inc. 601 F.Supp. 770 S.D.N.Y. 1985).

Procedures for Handling Insurance and Service Contract Monies

Some lenders have experienced staffs, which understand the above issues and problems. In any case, the dealer should be aware of them and should open new trust accounts. The accounts should be opened at a separate bank, in order to avoid any misunderstandings. If the lender wishes to audit these new accounts, that is fair. If a lending officer threatens to penalize the dealer for protecting the customer’s money, he or she is being unreasonable and the dealer should ascend the chain of command until reason prevails. If reason does not prevail, the dealer has hard evidence of the lender creating an untenable position, which evidence may prove useful at a later date.

The handling of the premiums for life, accident and health insurance, and for service contracts, does not create a problem, if a routine is established. Always, with respect to insurance premiums, and usually with service contracts, the sale is covered under a security agreement. The lender and dealer should agree that all “time sales” will be restricted to the lender, unless a third party financing company agrees to put the lender’s name on the proceeds check, which usually does not happen.

When a time-sale is being arranged, advance approval of the lender is should be required. Subsequently, when the contract is offered to the lender for purchase, the lender should deduct the amount necessary to release the flooring. If the proceeds of sale are insufficient to clear the flooring, the keeper should have already deposited the cash down payment, and/or have taken possession of the title to the trade-in.

The proceeds of sale, in excess of the flooring, are given to the keeper, who supervises the deposit of the service contract and insurance monies to the trust account and the mailing of the premiums to the appropriate insurance companies. If possible, the pay-off for the traded vehicle is also made from the general account of the dealership.

The above process, while time consuming, is necessary. The parties should appreciate the understanding, patience and cooperation needed from each other in order to make the operation run smoothly. If either the keeper, or the dealer, has a problem working with the other, the problem should be discussed with the keeper’s superior and resolved, or a new keeper assigned.

Procedures for Handling Payroll Monies

With respect to payroll monies, the dealership should continue with separate payroll account and the lender should agree to permit a payroll large enough for sufficient personnel to run the dealership in order to complete whatever stage of the work-out plan the parties have reached. If the dealership is winding-down sufficient payroll should be allowed for a “skeleton crew” to prepare the dealership for sale, or closing. Equipment will have to be guarded and maintained. Secretarial and accounting work will have to be completed. With respect to sales people, although they do fall within the minimum wage laws, they only get paid a commission if they make a sale and, if they do, they probably will have sold the asset for more money than the lender would get at an auction. The source of funds to cover the dealership operations is discussed in the next section.

Commissioned Salespeople

As mentioned, the commissioned salesperson gets paid a commission if and only if a contract for the sale of a vehicle cashes. They represent the best means of obtaining full value for the lender’s security. Consequently, the lender, regardless of its security interest, would probably be wise to subordinate its interest to the extent necessary for the sales people to earn a reasonable commission.

Closing a dealership is covered in another article. At this point, it is enough to mention that a lender, liquidating foreclosed vehicles, would have to deduct transportation, insurance, storage and auction fees from the forced liquidation sales prices of any vehicles it sold, before receiving any monies itself. Therefore, the amount of a salesperson’s commission for selling vehicles, net of the foreclosure costs, would appear to be a good investment, on the part of the lender.

An interesting question arises as to whether or not the lender has an implied duty, knowing the sales people are liquidating the inventory for the benefit of the lender, to inform the sales people that it, the lender, intends to keep all of the gross profit from the sale; and, further, if the lender, knowing it does not intend to allow the sales people to be reimbursed for their efforts, says nothing, do the sales people have an action against the lender?

In any event, the payment of employees (salaried or commissioned) should be made by the dealer from a separate payroll account. The account should be funded under the supervision of the keeper, but the lender’s employees should not participate in distributing the funds. Note: Participation in distributing the company payroll could make the lender liable for taxes. 26 USC 3505 and 6672.

Division of the Discretionary Income

Vehicle Income

If a lender maintains a security interest in the dealer’s vehicle inventory and if the dealership has collected and spent money for vehicles which have been sold, without reimbursing the lender for those vehicles, then the dealership’s gross profits from all future vehicle sales should be applied to reduce the number of sold and unpaid units. The cash profits from such sales should be applied immediately to the lender’s debt, such as vehicle gross profit, finance and insurance commissions and service contract profits. Factory rebate money and incentive monies should be assigned to the lender and applied to the borrower’s debt only upon receipt of the actual cash.

Service Department Income

Unless the dealership is averaging a 100% service absorption rate of its fixed overhead expense, which is unlikely, trying to operate a dealership on the service department’s income will be difficult, if not impossible. If the lender is unable or unwilling to allow these monies to be applied to the general operating fund of the dealership, it means the lender has decided to close the dealership, whether it believes so or not.

The service department monies include gross profits from parts, service, labor and the body shop, if the dealership has one. The percentage of all fixed overhead expenses covered by this profit reflects the dealership’s absorption rate.

If the dealership is being sold or closed, these monies should be used to complete the payrolls necessary to accomplish an orderly transition or liquidation.

As always, consult with a qualified attorney whenever dealing with out of trust situations.

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The Purpose of Integrating Hospital Administration Software for Better Medical Services

Healthcare maintenance is dependent on a CMMS (computerized maintenance management software) to meet the varieties of facilities that are responsive enough to adapt to the technological innovation. Some of the biggest hospitals greatly benefit from the CMMS programs in maintaining high standards for both the physical infrastructure and equipments. This software will help in the running of machines and facilities as well as increasing the life and reliability of management assets such as HVAC systems, lights, plumbing systems, restrooms, elevators and parking lots.

Another invaluable function of the CMMS software is that they capture a wealth of accurate data which provides a complete picture of the equipment performance and costs. With a large amount of data, managers can take decisions about reducing the costs involved in the energy use and machine maintenance. Supervisors can also keep a computerized record of the condition of expensive equipments such as MRI, X Ray machines, sterilized tools and other medical machines, hence they are always available for staff and patient care.

One more important function of the hospital CMMS programs is it helps to support overall healthcare, safety and security through asset tracking. Some of the important aspects such as air quality, elevator functionality, food storage equipment and machine performance can be monitored effectively using the CMMS software. It also helps to keep a track of the valuable medicines. Many types of medicines are classified as controlled substances due to their addictive nature, therefore it is important for the healthcare facility to be able to account for how much they have and where it is. Healthcare maintenance software programs help to determine where the controlled substances are stored, who accessed them and when they are administered.

Hospital management software can save much of the time of the health care workers in their day to day jobs. It also helps the doctors to manage their assignments and schedules, carry out patient registration, maintain the blood banks with available details of the blood types, individual records of patients with their test reports, nursing and housekeeping service details, preparing financial reports including billing, payments, insurance details and much more. The CMMS software can also reduce the delays and confusions that are caused by missing and incomplete records. In a word, it sets a standard for the patient’s health care by providing information to the family members regarding their illness and conditions as well as the treatments available.

Since many conditions and medications are spelled, similarly the poor handwriting on the part of the doctor can cause major health problems and complications that can cause harm not only to the patients but also leaves the doctors and the hospitals liable. Since the hospital administration software are computerized, when a doctor enters a medication system, they can take the assistance of keyboards thereby avoiding the harmful mistakes due to the handwriting errors. Indeed, all the aspects of hospital operation, including medical, administrative, legal and the corresponding service processing can be maintained with a greater degree of efficiency when healthcare software is used.

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Moscow’s Best Hospitals

Moscow is the most heavily populated city in Europe as well as the world’s seventh largest city. As Russia’s capital, this mega city is considered the political center of the country. Additionally, Moscow is the culturally significant as well due to the numerous World Heritage Sites located within the city. As a result of these historical and cultural locations, it is a major tourist destination. Moscow houses some of the better hospitals in the county and many private health care facilities in the city also offer high quality medical service.

European Medical Center situated at Spiridonievsky pereulok 5, bld.1, 123104, Moscow is a major world class hospital that provides excellent medical service. This modern hospital, founded in 1989 has received the international quality certificate ISO 9001:2008. The hospital is multidisciplinary and has four main business units and an 8,780 sq. mi. area. EMC has full fledged departments in all branches of medicine, a dental center, a clinical-diagnostic laboratory and a center for women’s health. The surgery department has two units and carries out all types of operations. The hospital has many modern pieces of equipment. The laboratory and diagnostic center uses a robotic analyzer for tests in order to minimize errors. The analyzer conducts more than 25.000 tests per month. EMC also has an emergency department with a round the clock laboratory, an ICU equipped and emergency medical personnel. Luxurious accommodation in single or double rooms is also provided by the hospital. Telephone: +7 (495) 933 6655

American Medical Center is located at 26, build. 6, Prospekt Mira 129090 in Moscow. It is one of the leading hospitals in Moscow with completely modern facilities. The AMC clinic is one of 30 clinics operated by the well respected MEDSI Group of Companies. AMC was established in 1996 is recognized as a medical care provider of Allianz Worldwide Care. The center offers excellent diagnostic and clinical service in all branches of medicine including some rare branches. It operates a full fledged modern dental clinic as well. AMC staffs eminent doctors with scientific and research degrees. The center has two surgery rooms and all the facilities for gynecological, urological, proctologic, ENT and cavernous operations. The Intensive Care Unit has comfortable rooms, special anti-decubital beds and modern devices for blood pressure monitoring. AMC also has round the clock emergency services and an onsite pharmacy. The laboratory has modern equipment to conduct electrolytic profiling, blood microscopy, gematology, coagulogramme, hepatitis, hormone and immunochemical investigations. The center offers various assistances for out of country patients and organizes treatment abroad as well. Phone: (495) 933-77-00

15 Municipal City Clinical Hospital is found at Ul. Veshnyakovskaya, 23 (near metro station Vykhino) in Moscow. This is another popular hospital in the city and is both well equipped and modern. Two medical schools and four medical research institutes work in association with this hospital. The hospital has departments in all major medical specialties such as cardiology, trauma and neurology. The surgery department has sections for various types of surgeries and an outpatient surgery wing. The hospital also has departments of ultrasound functional diagnostics, radiation diagnosis and endoscopy. Round the clock emergency departments is also housed in CCH-15. Phone: (495) 375-71-01

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Hospital Bed Rental – 3 Important Things That You Must Know Before Spending a Single Dime

If you’re renting a hospital bed, make sure to follow within a set of tips and rules to make sure that you can get the best deal for it.

1) Make Sure Your Purchase is Covered by Your Policy

First, don’t rent or buy from the first company you check out. Shop around, and try talking with your insurance company because they may have names of companies that are covered under an insurance plan. Not all companies are covered by Medicare or your insurance company, so make sure you find one that will get you a reimbursement.

Check with Medicare as well. Your bed might be covered. Medicare will cover the cost of a bed if you can show that you have sufficient medical necessity for it. If you’re covered under Part B, consult with your doctor to get a prescription to have the bill of the bed covered.

2) Ask Your Doctor for Referrals

While getting the prescription from your doctor, ask if they have names of companies to rent from that they recommend. If they’re writing you a prescription for a hospital bed, they may have a name or two of a good company to use. They have to deal with these things a lot, and they’ll hear if a company is good or bad.

3) Remember to Cross All of Your Ts and Dot All of Your Is

Make sure to always follow the correct procedure and fill out all the necessary paperwork to get your bed covered by insurance or Medicare. It can be frustrating to go through the entire process of applying and getting the chair, only to find out that you’ve done something wrong that will disqualify you from getting reimbursed for your bed. It’s better to call Medicare or your insurance company and make sure you’re doing everything correctly before proceeding with each step. It’s better to be safe, than sorry.

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Finding the Best Hospitals in Bogota, Colombia

Bogotá is the capital and most populous city of Colombia, a major country in Latin America. As the 30th largest city in the world, Bogotá features many green parks, famous landmarks and amusement parks. The city is a major tourist destination and is one of the major industrial centers in Latin America. There are many good hospitals and eminent doctors in Bogotá. Some of the leading hospitals offer health care that is compatible with global standards. These centers have a much greater nurse to patient ratio than most and provide warm accommodation in a friendly environment.

The Hospital Universitario San Ignacio (HUSI) situated at Carrera 7 No. 40-62, Bogota is a premier health care facility with wide in country recognition. The Ministry of Social Protection and the National University recently announced that this hospital is among the top three Colombian hospitals. This 304 bedded four level hospital has a 22 bed pediatrics ward, ten operating rooms and two delivery rooms. The HUSI offers the best medical and surgical service for a variety of specialties and subspecialties. The departments of radiology, nuclear medicine, ultrasound and plastic are fully equipped. The hospital has sophisticated CT scans and magnetic resonance imaging. The emergency department and intensive care units are adequately furnished for intensive care patients, children and infants. The internationally reputed center for oncology treatment and research: The Javeriana Oncology Center is a part of the Hospital Universitario San Ignacio. HUSI is a major teaching school in the country and more than 80% of the staff doctors are bilingual. It has special section for international patients with English speaking staff and offers comfortable accommodation in 17 suite rooms. Contact: +57 316-466-0399

Hospital Fundacion Santa Fe de Bogota located at Calle 119 No. 7 – 75. Bogotá is an important hospital with state-of-the-art facilities. This service-oriented hospital was established in 1983 by the famous non-profit health care organization, Fundación Santa Fe de Bogotá. It is a private University Hospital with 13 departments, 6 advisory committees and 2 institutes. The hospital employs 1,500 staff and imparts health care to about 150,000 clients every year. The hospital employs outstanding doctors and has full-fledged departments in all branches of medicine. The surgery department has units in cardiovascular surgery, hepatobiliary and neurosurgery. The operating rooms all have facilities for laparoscopy, microsurgery, laser surgery, argon coagulation, auto transfusion, extracorporeal circulation and laminar flow systems. This hospital exhibits the lowest surgical site infection rates in Colombia. The hospital possesses all newest technological devices including Philips IE 33 scanner to display 2D, 3D and 4D images, the SPECT-CT Gamma Chamber for sophisticated tests, the Clinac iX with modular radiotherapy for cancer therapy, and the PET/CT and holmium laser for minimally invasive treatments. The hospital has modern ICUs, emergency department and various laboratories. Phone: (571) 6030303

Clínica El Bosque located at Calle 134 No. 12 – 55; northern Bogota DC is another popular hospital in the city. A group of eminent doctors established this hospital in 1977. The hospital currently offers complete and cost effective medical service in all major medical specialties. Its well known surgery department features eight operating rooms and specialized units in general surgery, cardiothoracic surgery, plastic surgery, neurosurgery, and microsurgery. Clínica El Bosque has a pharmacy and laboratories all of which are accredited by international agencies. The intensive care unit has 14 beds and the emergency department as a whole is equipped with modern devices to offer the excellent services of specialized doctors and nurses. The hospital has established a nonprofit teaching institution named the Forest Colombian School of Medicine. Phone: 1-2740577

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Transforming Children’s Hospitals With Wall Murals

Hospitals can be a cold and scary place for many people, especially kids. The use of cheerful and colorful artwork can significantly improve the wellbeing of patients. Pleasant wall murals are a great way to transform a sterile and somber setting into a comfortable and healing environment. The use of murals would especially be helpful in pediatric facilities where children require an escape from these scary places.

Wall murals are perfect additions to hospital waiting rooms, hallways, exam rooms, and patient rooms. Ceilings and windows can also be transformed with beautiful murals. The use of wall and window murals can help create welcoming and friendly environments for patients, families, visitors, and hospital personnel. It is important for everyone in these medical environments to feel comfortable and at ease. Surrounding the children with familiar faces and favorite characters can help provide a happy association with the hospital, and creating a world of fantasy would be sure to capture the imaginations of the children.

It is important for sick children to stay calm and relaxed in order to get proper treatment. Using wall murals can help relieve the stress of any hospital visit. The healing power of wall and window scenes can ultimately change a child’s life. Studies have shown that cheerful artwork can help raise spirits and support healing capabilities. Patients in children’s hospitals would benefit from having positive and attractive surroundings.

Creating themed rooms for patients can help transform a cold hospital environment into an enchanting and delightful atmosphere. Window murals can also help improve an unpleasant view and complete a themed room. Creating different worlds for the children in a hospital can significantly boost their morale and help promote their healing.

Patients respond directly to the comfort and cheer of a care facility. Using beautiful wall murals can have an impressive impact on the surrounding environment and add an extra delightful element for patients. Transform a children’s hospital or pediatric cancer center into an optimistic and appealing backdrop for healing. Medical facilities are perfect settings to use cheerful wall murals.

Installing wall and window murals in children’s hospitals and medical centers is easy and can be easily changed. The different materials available make them very simple and quick to install. No need to hire an artist to hand-paint murals in every room. Choose different themes for each room or create customized murals for the different spaces. Wall murals can be very vivid and lifelike and create a cheerful environment for patients.

Imaginative murals offer a comforting distraction from stressful hospital visits and treatment. Help brighten the environments of health facilities. Colorful, playful, and lighthearted art in children’s hospitals can help create a peaceful and happy atmosphere to ease children’s fears and loneliness in a hospital.

For cheerful wall and window murals to transform any child’s medical facility, Create My Scene has a wide selection to choose from. With a number of different patterns, themes, and customizable options, creating a safe and happy medical environment is easy.

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When Can Patients Sue a Hospital for Negligence?

When can you sue the hospital or its employees for negligence?

A hospital can be sued for negligence for mistakes that harm or kill a patient. When an employee of the hospital is guilty of negligence, you can sue the hospital. When a doctor working for a hospital makes a mistake, both the doctor personally and the hospital as a whole can be sued. However, doctors can only be sued if they were present and could have prevented the negligence. You cannot sue every doctor in the Emergency Room or surgical floor, only the one who administered or oversaw your treatment. Hospitals can also be sued when a doctor with a history of negligence and medical mistakes was kept on the payroll, thus enabling them to continue harming patients.

What constitutes neglect?

Neglect occurs when someone does not do their job as a normal and competent professional would. Negligence includes not verifying instructions, not following checklists, failing to assist patients in need and not take immediate action in an emergency. There are greater tolerances for mistakes made in life threatening emergencies than general care situations. Malpractice and negligence can arise from a failure to properly diagnose a condition or injury. Negligence can occur when someone is given the improper treatment or the correct treatment is administered incorrectly. Nurses administering the wrong medication and therapists following the wrong protocols are examples of this.

Failing to risk patients of negative outcomes from a medical treatment or side effects of the treatment is also negligence. Recommending a surgery to cure cataracts that can also leave a patient blind is an example of this concept. To sue for negligence, the risk must be significant enough that the patient might have chosen not to have the procedure or treatment if they had known and must have suffered that negative outcome.

Can you sue medical professionals other than doctors at the hospital?

Yes. Any medical professional affiliated with a hospital can be sued for negligence. This includes nurses, physical therapists, medical technicians and pharmacists. First responders such as paramedics and firefighters have broad protection from medical negligence claims, due to the difficulty of acting during emergencies, unless they are employees of the hospital and provide care at the facility. Good Samaritans are rarely sued for negligence unless their actions are reckless.

What types of damages are available when someone sues a hospital for negligence?

There must be a specific injury as well as actual damage to sue for negligence. You cannot sue a hospital because you were unhappy with the level of service.

  • Physical pain and suffering
  • Medical bills with other medical facilities or practitioners to treat the condition caused by the hospital’s neglect, injuries caused by the hospital or diagnose what the hospital failed to find.
  • Lost income due to the inability to work or lost income of the individual who died
  • Medical bills resulting from additional treatment at the hospital if the patient had received the proper course of treatment.
  • Costs of physical therapy or assisted care while recovering
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How Much Does 4 Days In New York Hospital Cost?

Nothing beats a near-death experience for revitalizing the human spirit. The knowledge that life is relatively short and absolutely unpredictable is humbling and insightful.

I’m returning from 5 days in New York hospital with a serious intestinal infection… diverticulitis to be exact. It is eye-opening to NOT EAT or DRINK for 5 days (not even water) and to be hooked up to an I.V. machine 24 hours a day.

It Really Sucks!

When you are fighting a potentially life-threatening condition or illness, it puts one’s life in a new, refreshing perspective. It has given me an appreciation for the really important things life has to offer…

Family, Friends, Loved ones, Health. (Not necessarily in that order). Family, friends and Loved ones are the best life has to offer… But life certainly is more enjoyable when everyone is healthy. All the money in the world… isn’t worth losing your health over. Your Health is the most precious thing you possess… Just ask any inpatient in a hospital!

I can tell you that although the health care was most excellent, life in the hospital was not that much fun for me. I was hooked up to an I.V. for days with no food or drink. You have to drag that I.V. thing with you everywhere you go, even to the bathroom.

(I’m not complaining – They probably saved my life).

I was getting prodded and poked and stuck with needles everyday for blood samples and stuck with another needle to give a blood thinner. They took blood pressure readings and thermometer readings every few hours all day everyday… and at night too.

The nurse would wake me up in the middle of the night to take my blood pressure and temperature readings. (And I thought waking up to an alarm clock was annoying). The doctors and nurses were all wonderful. Very professional care from very capable professionals. After 5 days I was well enough to go home.

I was admitted on Sunday evening and was discharged Thursday evening… Sunday, Monday, Tuesday, Wednesday, Thursday… 5-days. But it only totals about 96 hours so the hospital says it’s 4 days. Guess how much 4 days in New York Hospital cost? The bill came today:

Rm Two Beds or more $8,230.08, Drugs $758.57, Laboratory Services $346.30, Laboratory Services $516.52, Laboratory Services $235.56, Laboratory Services $578.25, Laboratory Services $73.15, X-Ray Services $229.10, Cat Scan $4,518.51, Emer Room Services $827.68, Drugs $506.94, Ekg Inpatient $174.81

Totals $16,995.47

And when you add in the cost of the phone and television… That’s a grand total of over $17,000.00 bucks for 4 days. That’s $,4,250 per day… And I didn’t even have any surgery (yet).

Professional Care comes with a professional price tag.

Would you have enough money to pay for this if it came out of your pocket? Most people couldn’t afford to make a payment like that. It’s not their fault. They work hard, get paid well but the cost of living is sooo expensive.

Most families do not accumulate wealth. Most families have a hard time saving any money. The solution however is NOT to cut back.

The solution is to change your way of thinking. The solution is to realize that… Your Health is Your Real Wealth!

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Where To Find Help With Medical Bills

The present times have brought us technological advancements that lengthen our life span and make living easier even with debilitating diseases. Nevertheless, these medical treatments also come with steep medical bills. In fact, most people tend to delay going to the hospital in hopes that they don’t need to pay for the hospital bills that come with seeking medical attention. However, when an unexpected accident or a disease comes up, there is no longer a choice left but to go to a hospital. Luckily, there are now different methods and organizations that are willing to help with medical bills. You only need to find which one works the best for you.

  • Ask your hospitals. Typically, hospitals are willing to refer you to their charity service cases, which will help with medical bills by approximately 50-75%. These charity cases exist in return for the decreased tax revenues the government will charge of the hospitals. However, you may need to be in a certain income range to be able to qualify. Another option is to negotiate with the hospital and your doctor by explaining your situation. Most of the time, they cut the costs and you can pay less than you are expected to.
  • Approach your government. You may not be aware of this but the government provides various grants to help pay hospital bills of those who are qualified. Typically, the grants are open for children, for senior citizens for disabled people and for those who are suffering from diseases that need lifetime treatment. If your case qualifies then you can easily get help with medical bills.
  • File for medical loans. This is usually done even when people don’t have health insurance. With affordable interest rates, it is easy to pay back your loans and pay hospital bills at the same time. It is also easier to qualify for a medical loan compared to charity services or government grants.

Finding help with medical bills don’t need to be strenuous. As long as you are determined to pay off your hospital bills then it will be worth it.

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Guidelines for Hospital Flowers for Your Flower Shop

A hospital stay is always brightened by a gift of flowers. The floral gift may be a wishing you a speedy recovery, or it’s a girl or boy, or a hope you are feeling better arrangement. Whatever the message some basic guidelines for construction of floral arrangements and design will help you in selecting the containers, flowers, greenery, accessories and the design or the sentiment piece best suited for the hospital.

Scale, the size of the flower design, is an important consideration. Hospital rooms usually have limited space, and you may not be the only person sending a get well bouquet. Too large of arrangements are a bother to the staff that has to care for the flowers. But just because a flower design is smaller does not necessarily mean cheaper and uninteresting. Use fewer flowers in the design, but allow each flower to be seen nicely. Use less flowers, but more showy tropical type flowers.

Hospital flowers must be of low maintenance. The flowers should not be just wrapped in paper. They need to be arranged in some kind of container. Do not send a dozen roses in a box. Who is going to put them in water? Vases should not be top-heavy. Containers should have plenty of water on delivery or be an arrangement that water can be added to easily. Patients should not have to worry about maintaining their gift.

Try to select flowers for the hospital design that are long-lasting. Daisy chrysanthemums, all types of cut mum flowers (these do not have to be boring as the varieties are vast), carnations, mini carnations, etc. are all longer lasting flowers. Furthermore, do not select flowers that will shed or loose petals. Perform some preventative maintenance such as picking out the pollen-covered anthers (the top part of the stamen) from lilies, which will stain clothing, skin, and bedding. Avoid strong fragrance flowers that can be irritating or may cause nausea to the patient. Fragrance is usually a very nice attribute when selecting flowers, but when in a small, maybe warm or too-warm room the fragrance could be overwhelming.

Most hospitals love for their patients to receive floral gifts. Hospitals realize the morale flowers can have on patients. Just use good judgment and learn the rules. Many times latex balloons are not accepted, maybe just the Mylar balloons. Many people are allergic to latex balloons. Also, flowers and plants are not usually permitted in intensive care units. This is due to having to keep these areas clean and sterile. When you open your shop, call your local hospital and speak with administration or the appropriate department. Let these professionals educate you on the rules and regulations for flowers, plants, balloons and flower deliveries.

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