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Manchester Injury Attorneys

Manchester Injury Attorneys Discuss Healthcare Marketing

Unethical Practices Taint Some Healthcare Marketing

Ad spending by drug companies has doubled in the past four years

The Manchester injury attorneys at Manning & Zimmerman Law know that when a doctor writes a prescription, most of us assume we’ll walk out of the pharmacy with the drug best suited for the diagnosis. But what if the doctor chose a new drug based on a big marketing push by the manufacturer? Or maybe it’s the other way around. Patients often request a particular brand-name drug after seeing hundreds of television ads. These ads often have actors or well-known celebrities vouching for its effectiveness.

So far in 2018, pharmaceutical companies have shelled out $2.8 billion to run direct-to-consumer television ads touting the benefits of about 70 prescription drugs. Between 2012 and 2016, the number of television ads for medications grew 65 percent as companies increasingly target the exploding and lucrative baby boomer market.

The drug companies are not alone in playing the healthcare advertising sweepstakes. Hospitals are spending more than ever on advertising and, as with other products, that advertising is filled with lots of promises, according to a professor of marketing at Northwestern University. “So a hospital can go out and say, ‘This is where miracles happen. And here’s Joe. Joe was about to die. And now Joe is going to live forever.’ ”

Pushing the Ethical Boundaries

Some healthcare marketing and advertising crosses the line. Patient advocates both inside and outside the healthcare industry believe this distorts the truth about risk and effectiveness. Before pushing for a new medication advertised on television, consider the following:

Some celebrities endorse drugs or treatments without always saying they were paid to do so
  • Where are you getting your information? Glossy ads can be tempting. Online forums can be full of disinformation. Choose your sources carefully. For example, a 2014 study in the Journal of the American Osteopathic Association found that 90 percent of Wikipedia articles concerning the 10 costliest medical conditions contained inaccurate data. Keep in mind that Wikipedia articles can be edited by anyone, including people working for healthcare companies.
  • Who is selling you a medication or medical device? Celebrity endorsements are all the rage these days, from beauty products to insurance to – you guessed it – medications and remedies. A friendly and famous face may say he or she is promoting a new drug or treatment because of personal conviction, but what they might not be saying is they are often getting paid big bucks to do so. Truth in Advertising (TINA), a nonprofit that works to protect consumers from false advertising, filed formal complaints against GOOP, a lifestyle company run by Gwyneth Paltrow. They cite 51 examples of what they consider unsafe treatments, and argue that GOOP “does not possess the competent and reliable scientific evidence required by law to make such claims.”
  • Are the promises you hear vague or overly positive? Patients of difficult and even fatal diseases criticize what they see as overly positive ads for medications and treatments. These advertisements often feature happy, healed patients and their families with stories of miraculous recovery. But many patients say the ads spread false hope, or worse yet, make them feel as though they are still sick because of their own failings rather than the reality of their illnesses.
  • Is that new medication really necessary? When new drugs are patented and hit the market, they can only be sold exclusively for limited periods of time. Once a generic version is available, the price drops dramatically. This means that the manufacturers of brand-name medications need to push the new drug as aggressively as possible. They do this to recoup their investment and hit earnings targets. It also means that some companies create new medications that studies show are really not that different than existing medications. This is done so they can slap on a new name and start the brand-name marketing cycle all over again.
  • Is your doctor receiving money or perks from pharmaceutical companies? A ProPublica study revealed that doctors who receive money or meals from drug and device makers – even just small gifts – prescribe a higher percentage of brand-name drugs overall than doctors who don’t. Check out Dollars for Docs, a website that tracks payments made to healthcare professionals and facilities.

Cutting Through the Advertising Clutter

Our Manchester injury attorneys recommend asking, “Who can be trusted for good information about various healthcare treatments and medications?”

Talk to your doctor first. Ask about the side effects of a particular medication. Also ask if there is a generic available, and if they have experience with the recommended medication or treatment. Don’t be afraid to advocate for yourself if you feel as though you are being pushed into something unnecessary. That might also mean getting a second opinion. See more questions for your doctor here.

Do some of your own research as well, starting with the U.S. Food and Drug Administration (FDA). Click here to check approvals and to see if a medication has been recalled. Then instead of a random Google search, look for healthcare websites that have a reputation for independence and trusted information. Examples include WebMD or Mayo Clinic.

Major news organizations will often run investigative stories about drugs or treatments with a suspicious background. They also investigate questionable relationships between those advocating a particular medication and the manufacturers.

And finally, the Manchester injury attorneys at Manning & Zimmerman Law  recommend that you be skeptical about the promises you hear made in healthcare advertising and marketing. As an executive director of Breast Cancer Action put it: “It’s the basics of marketing. In order to sell products and services, you have to sell hope.” In other words, buyer beware.

Contact Experienced Manchester Injury Attorneys for a Free Consultation

If you have been injured by another person’s careless acts, contact the experienced Manchester injury attorneys at the Law Office of Manning & Zimmerman PLLC. We may be reached at (603) 232-7278 and by email at info@MZLawNH.com. You may also use the “contact us” or chat feature on our website.

It is essential that you have competent legal representation from the onset of your case through litigation. Big insurance companies have lawyers looking out for their interests and you should too!

Experienced.  Knowledgeable.  Personally Committed to Justice.

Manchester injury attorneys

Manning & Zimmerman Law

New Hampshire Personal Injury Attorneys Selected a “Best Law Firm”

The New Hampshire personal injury attorneys at the Law Office of Manning & Zimmerman, PLLC Personal Injury Attorneys in New Hampshire are honored to have been selected a “Best Law Firm” by U.S. News & World Report for 2017. Rankings for this recognition “are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by personal injury law firms as part of the formal submission process.”

Contact Experienced Personal Injury Attorneys in New Hampshire

New Hampshire Attorneys Maureen Raiche Manning and Anna Goulet Zimmerman have a combined 50 years of experience representing those who have been injured through no fault of their own. They are joined in the practice of law by associate attorney Michaila Oliveira who handles divorce and family law cases at the firm.

There are no up-front costs for our services. All personal injury cases are handled on a contingency basis, meaning that we are only paid for our services if we successfully recover damages from the responsible party. For a free consultation, call (603) 239-2315, email us at info@manningzimmermanlaw.com, or use the “contact us” form or chat feature on our website.

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Manchester Wrongful Death Attorneys Answer FAQs

Wrongful Death Frequently Asked Questions

As Manchester wrongful death attorneys, we often receive questions from people who have lost a loved one due to the wrongful or negligent actions of another. The death of a loved one is difficult under normal circumstances. When the death occurs as a result of someone else’s fault, however, it is traumatic for all involved. Often, family and friends have not had any time to say “good bye” and come to terms with the passing. In terms of the legal matters that may arise after a traumatic death, we have compiled a list of some questions that are frequently asked of us.

What occurs when the person dies before filing a personal injury lawsuit?

If your loved one was injured through no fault of their own and then died from those injuries, the law allows you to file a lawsuit to seek recovery of damages. If your loved one had a personal injury claim and then died due to causes that were not related to the injury accident, the personal injury claim will still be able to be pursued by the loved one’s personal representative or estate executor.

How are wrongful deaths handled criminally and civilly?

When someone dies due to the negligent actions of another, both civil and criminal cases may be filed separately. In a criminal case, the government seeks to punish the person responsible for your loved one’s death if their behavior falls under those outlined in the state’s criminal code. Civil law cases are filed by one person, such as you, against the person who caused the death, and civil wrongful death cases have to do with allegations of violating the rights and duties owed by people to others. As such, it is possible to file a wrongful death civil lawsuit even if criminal charges are not also filed. Similarly, both a criminal case and a civil lawsuit may proceed separately and simultaneously, and the burden of proof required in the civil matter is a lower one than that required of the prosecutor in the criminal action.

Can punitive damages be recovered?

While some states allow the recovery of punitive damages in a wrongful death case, punitive damages are not recoverable under New Hampshire law.

Do all states have the same wrongful death laws?

Wrongful death laws vary by state. New Hampshire has its own laws that may differ from those of another state.

Is it possible to sue for wrongful death if my loved one never worked?

Yes, it is still possible to sue even if your loved one did not work. In that case, the question would be looking at the value of other contributions they made to the family.

Are damages for pain and suffering recoverable?

New Hampshire allows you to bring a lawsuit for your loved one’s pain and suffering.

Is it possible to sue for the death of a child or elderly relative?

Yes, you can sue for either. The damages can still be considerable but will be looked at a bit differently.

Contact Experienced Manchester Wrongful Death Attorneys for a Free Consultation

Has your loved one has passed away as the result of negligent medical care? If so, it is essential that you have competent legal representation from the onset of your case through litigation. Big insurance companies have lawyers looking out for their interests and you should too!

For a free consultation, contact the Manchester wrongful death attorneys at the Law Office of Manning & Zimmerman PLLC. We may be reached at (603) 379-6319, by email at info@MZLawNH.com, or by using the “contact us” or chat feature on our website.

Experienced.  Knowledgeable.  Personally Committed to Justice.

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So Your Kids Want a Video Game. Now What?

The Essential Facts About the Computer and Video Game Industry

In this month’s Let America Know newsletter brought to you by the New Hampshire lawyers at the Law Office of Manning & Zimmerman PLLC, we present information about video games, including the Essential Facts About the Computer and Video Game Industry.

Entertainment publishers are cranking out the big video game titles just in time for the holiday shopping season. Kids everywhere are hoping that the neatly wrapped gift underneath the tree is the latest release. For eight years running, video games have ranked as the third most requested holiday gift item.

But nearly 40 years after their invention, video games are still a mystery to many parents. This month’s You Should Know newsletter from the New Hampshire lawyers at Manning & Zimmerman Law is here to save the day by arming parents, grandparents and other family members with a guide to choosing video games wisely for the kids on their shopping lists.

Video Games are Still Going Strong

The video game exploded into mainstream entertainment nearly 40 years ago and is still going strong today. Game sales ($24 billion annually) regularly outpace movie box office sales ($10 billion per year). Gaming is also now more of a family affair than it was in the beginning. According to the Entertainment Software Association, 89 percent of parents are involved in their kids’ gaming. The association notes, “In barely more than a generation, video games transformed from a diversion for the few into a mass medium, helping people live, learn, work and, of course, play.”

Buying a video game is no longer a simple affair. As kids grew up, so did the content of many video games. Now parents wonder: What games are appropriate? How do you choose? When should kids start playing? And with the holiday season a frenzied time of year when retailers offer crazy discounts and major game releases, it can also be overwhelming for shopping-weary parents. For more information, see this Modern Parent’s Guide to Kids and Video Games.

 

The Constitutional Right to Justice

constitutional right to justiceSeptember 17 is designated as Constitution Day to commemorate the signing of the United States Constitution in Philadelphia on September 17, 1787. The preamble of this most precious document states: “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

The fundamental constitutional right to justice is guaranteed in the first ten amendments to the Constitution, known collectively as the Bill of Rights. It includes the cornerstone rights enshrined in the First Amendment: freedom of religion, speech, the press, assembly, and to petition the government for a redress of grievances.

The 7th Amendment and the Constitutional Right to Justice

Also in the Bill of Rights, adopted as the 7th Amendment, is the right guaranteeing all Americans a trial by a jury of one’s peers. History tells us that before 1688, English judges were servants under the King of England. These judges were often biased towards the King, and because of this, their rulings were not always fair. During the Act of Settlement of 1701, English judges won their independence from the King, but judges in the American colonies were still biased towards the British Crown. King George III got rid of trials by juries in the colonies which made colonists very upset and fueled the fire that led to the American Revolution. When the Framers wrote the Bill of Rights, they understood how important it was to have a fair court system, so they made sure that the right to trial by jury was a fundamental law of the new nation.

Unfortunately, powerful interests launched a campaign to erode the 7th Amendment through an effort known as “tort reform.” A tort is a legal term meaning civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party. A strong effort was launched by these powerful interests, spending millions of dollars to lobby the Congress and the state legislatures to pass laws placing restrictions on the right of injured parties to hold the powerful interests responsible for their negligent conduct, including caps on monetary damages. The very same corporations who make millions and billions of dollars from those who consume their goods and services seek to limit their responsibility when their consumers are injured through no fault of their own. While the facts do not show that our trial by jury system needs to be altered, the powerful interests continue in their efforts to limit our constitutional right to justice.

Fighting to Protect the 7th Amendment

Fortunately, organizations such as Take Justice Back and Let America Know have fought back to protect the 7th Amendment, to ensure that all Americans continue to have the right to hold powerful interests responsible for their reckless and negligent conduct.  Our time-honored right of trial by jury, for which our revolutionary generation and the framers of our Constitution fought so hard, is vital to our democracy. Our Pledge of Allegiance concludes, “With Liberty and Justice for All.” Without the guarantees provided for in the 7th Amendment, the constitutional right to justice cannot be served.

Contact Experienced
Manchester Injury Attorneys

If you have been injured by another person’s careless acts, contact the Manchester injury attorneys at the Law Office of Manning & Zimmerman PLLC at (603) 624-7200 for a free consultation. It is essential that you have competent legal representation from the onset of your case through litigation.  Big insurance companies have lawyers looking out for their interests and you should too!

To subscribe to our Manchester injury attorneys newsletter, click here. We are also on Facebook and you can follow us on Twitter.

Experienced.  Knowledgeable.  Personally Committed to Justice.

NH Divorce Lawyers Explain Collaborative Law

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Collaborative law is a process in which the parties in a divorce (or other family law matters) agree to work through the issues in dispute together, instead of looking to the courts for resolution through traditional litigation. After agreeing to proceed with the collaborative process, both parties will need NH divorce lawyers. The lawyers should be trained in collaborative law and will sign a participation agreement. As a part of the participation agreement, the parties agree that if they are unable to resolve their disagreements and resort to litigation, both parties will be required to obtain other NH divorce lawyers. This process ensures that everyone is working together collaboratively, without the threat of litigation.

In addition to attorneys, other professionals are often used in the collaborative process. A financial advisor might be retained to help sort through the finances to understand the consequences of certain financial decisions. A mental health professional might be involved as a coach to help with communication, conflict resolution or other issues. A parenting coordinator or children’s advocate may also be utilized. The attorneys and parties will work together to determine what professionals are needed and at what step in the process, in light of the specific requirements of a given case.

A primary benefit of collaborative law is allowing the parties to control what is going to happen in their case. Especially regarding children, no judge can know better than the parents what is going to work best for their children. Courts will issue orders believed to be in the child’s best interest. The end result, however, is often an order which neither parent believes is best for their family.

The collaborative process is intended to be cooperative instead of adversarial. As a result, the parties are often left with a much better working relationship. This creates the ability to more effectively co-parent their children. The children also benefit if their parents are able to work together without subjecting the family to stressful legal proceedings.

For more information, visit the Collaborative Law Alliance of New Hampshire or the International Association of Collaborative Law Professionals.

Contact Experienced NH Divorce Lawyers

If you are wondering whether collaborative law might be right for your case, call the Law Office of Manning & Zimmerman PLLC at (603) 624-7200 for a free consultation. We may also be reached by email at info@MZLawNH.com, or by using the “contact us” or chat feature on our website.


Anna Goulet Zimmerman is certified as a collaborative law attorney and is a member of both the Collaborative Law Alliance of New Hampshire and the International Association of Collaborative Law Professionals. This allows Anna to handle collaborative law cases in addition to traditional litigation.