physical assaults

July 30, 2012 Attorney Kevin Madison Comments Off on Penn State says it will try to settle with all victims of sexual molestation cases

Penn State says it will try to settle with all victims of sexual molestation cases

After having received severe sanctions from the NCAA, it appears that Penn State intends to settle lawsuits stemming from the sexual abuse of children by its former assistant football coach as quickly as possible. Apparently Penn State carried sufficient general liability insurance that may cover the claims and damages of these child molestation victims, according to a CBS Face the Nation interview with Penn State University’s President. In an interview with CBS Face the Nation, Rodney Erickson expressed a desire to avoid putting those targeted by predatory pedophile Jerry Sandusky through the ordeal of a civil trial.  A partial clip of the FACE THE NATION interview with Penn State President Rodney Erickson follows. For the full interview go to the following hyperlink:

http://www.cbsnews.com/8301-3460_162-57481922/face-the-nation-transcripts-july-29-2012-mitt-romney-rep-wasserman-schultz-rodney-erickson/

BOB SCHIEFFER: Now we have the victim of the molestation that the assistant coach saw in the locker room involving Sandusky. His lawyers have come forward and said that he intends to sue the university. I would guess that this is going to be the first of many lawsuits. How is the university going to handle that? I mean do you have insurance? Can you withstand an onslaught of lawsuits?

RODNEY ERICKSON: We have, like any university of our size, both directors and officers, as– as well as general liability coverage, we believe that– that we are adequately covered. In addition to that we cer– we– we hope to be able to– to settle as many of these cases as quickly as possible. We– we don’t want to, if at all possible, drag victims through another round of– of court cases and litigation. If we can come to an agreement with them, with their attorneys, we believe that would be the best possible outcome in this– this whole very, very difficult, tragic situation.

BOB SCHIEFFER: Now it’s my understanding that among the sanctions the NCAA imposed, it’s a sixty-million-dollar fine that you will pay out over– over a number of years. Where does that money come from?

RODNEY ERICKSON: We will pay that out in a combination of– of funds. We will use the football program’s financial reserves that– that they have available to them. And in all likelihood the– the university will have to extend the athletic department, a long-term loan that they can pay back as they get on their feet and as we adjust their budget going– going forward in the football program.

BOB SCHIEFFER: Let me just ask you the basic question, as you look back on it now, did Penn State put too much emphasis on football?

RODNEY ERICKSON: Our intercollegiate ath– athletics program has been a– a tremendous success. To the extent that– that some parts of intercollegiate athletics perhaps became too separate and became too much areas under– unto themselves and not sufficiently wrapped into the rest of the university,. That’s something that we– we really are looking at right now and, of course, the– the Freeh report made a number of recommendations with respect to that issue.
March 29, 2012 Attorney Kevin Madison Comments Off on Study of Reported Misconduct of Physicians Shows Most Common Complaint is Inappropriate Communication Such as Sexual Misconduct

Study of Reported Misconduct of Physicians Shows Most Common Complaint is Inappropriate Communication Such as Sexual Misconduct

Medical Boards Discipline Physicians for Online Behavior

Author: Jenni Laidman

March 20, 2012 — Most medical licensing boards have received at least 1 complaint about unprofessional online behavior by physicians, and many of these complaints resulted in serious disciplinary actions, including license revocation, according to a research letter published in the March 21 issue of JAMA.

S. Ryan Greysen, MD, from the Division of Hospital Medicine, University of California, San Francisco, and colleagues report that 48 (71%) of the 68 executive directors of medical licensing boards responded to the study survey. Of those, 44 (92%; 95% confidence interval [CI], 86% – 98%) indicated receiving at least 1 complaint about an online professional breach.

The most common complaints reported inappropriate communication with a patient, such as sexual misconduct, which was reported to 33 (69%) of 48 boards (95% CI, 58% – 80%); inappropriate practice, such as Internet prescribing without an established clinical relationship, reported to 30 (63%) of 48 boards (95% CI, 52% – 74%); and online misrepresentation of credentials, reported to 29 (60%) of 48 boards (95% CI, 48% – 72%). Thirty-one boards indicated that reports were made by patients or their families (31/48; 65%), and 24 (50%) of 48 boards said other physicians made the complaint.

A New Way to Violate Our Standards

“We’ve just found a new way to violate our own standards,” Jason Jent, PhD, assistant professor of clinical pediatrics, Division of Clinical Psychology, Department of Pediatrics, University of Miami Miller School of Medicine, Florida, said to Medscape Medical News. Dr. Jent, who has published about physician online behavior, has no association with the JAMA letter. “Some of the violations we’ve seen in face-to-face communication, or over the phone, or by mail have now extended to online behavior. This is something we have to pay attention to,” he added.

The study authors say much the same: “Furthermore, these violations also may be important online manifestations of serious and common violations offline, including substance abuse, sexual misconduct, and abuse of prescription privileges.”

Thanks to author: Jenni Laidman

March 9, 2012 Attorney Kevin Madison Comments Off on CRIME VICTIM RIGHTS LAWS

CRIME VICTIM RIGHTS LAWS

I would like to address “Crime Victim Rights” laws that most states now have. These statutes mandate that crime victims have certain rights that prosecutors must follow. Some of these rights include the right of a crime victim to confront their assailant in court; to have a separate waiting room when appearing in court; to prepare and have the Court consider a victim impact statement before sentencing the defendant; the right to be notified of all court hearings and trial date; and the right to have input on plea bargains the prosecutors offer the criminal defendant.

When I initiate civil litigation against a perpetrator I send a “Crime Victim Rights” letter to the District Attorney who is prosecuting the victim’s criminal case. In Texas, the prosecutors (District Attorneys or County Attorneys) are duty bound to follow the mandates of the Texas Code of Criminal Procedure that govern crime victim’s rights. Whether or not a crime victim decides to pursue a civil action claim against the perpetrator, I would wholly encourage crime victim caseworkers and crime victim advocates to consider sending the prosecuting attorney a “Crime Victim Rights” letter. This letter lets the Office of the Prosecutor know that the crime victim is invoking her rights under the Act.

 The Crime Victim Rights letter invokes the rights of the victim to be advised of any plea bargain agreements between the Prosecutor’s Office and the offender and also invokes the right of the victim to make a crime victim impact statement that the Court may review before imposing sentencing in the criminal case. A sample “Crime Victim Rights” letter can be found in downloadable format (Microsoft Word) from my law firm website at www.kevinmadison.com. This letter was designed to be used in Texas. However, you can probably modify this form letter to fit the applicable crime victim rights law in your state.

Kevin Madison is an Austin-based attorney with over 29 years litigation experience and 25 years of experience as a judge. He is also a trained Sexual Assault Crime Victim Advocate.  He was the first attorney in Austin to file a civil lawsuit against a rapist and obtained a $1.5 million judgment in 1987. His experience and training as a police officer, police chief, prosecutor and EMT set him apart from most other personal injury attorneys as an advocate for victim rights in the civil justice system. To learn more about Kevin Madison or civil remedies available to victims of sexual assault, visit www.KevinMadison.com or call (512) 708-1650.

February 17, 2012 Attorney Kevin Madison Comments Off on $20 Million Award for Rape Victim Against Houston Apartment Complex

$20 Million Award for Rape Victim Against Houston Apartment Complex

A Harris County jury awarded $20 million in damages Wednesday to a rape victim who sued her apartment complex for failing to notify residents about previous sexual attacks on the property. The woman lived at The Promenade Cullen Park when a masked man who resided in the west Houston complex raped and sodomized her for more than 10 hours in February 2009. The Houston Chronicle does not identify victims of sexual assault. According to the lawsuit, apartment officials knew about a break-in next door to the woman’s unit a few weeks before her ordeal in which a man tried to rape that resident and failed to notify other tenants about a sexual predator. The woman who filed suit lived alone and renewed her lease shortly after the earlier incident without being told about its severity, said Troy Chandler, a lawyer on the Williams Kherkher team who represented the woman.

“The apartment complex issued a notice that an apartment had been broken into – the same warning that they would send out if a bicycle was stolen off a balcony or a TV was stolen out of an apartment,” Chandler said. “The notice failed to mention that a burglary occurred, that the assailant waited inside, that a tenant was attacked and that there had been an attempted rape.” The lawsuit, filed in June 2010, sought damages for negligence and deceptive trade practices. The woman continues to  suffer from post-traumatic stress disorder, Chandler said. After a weeklong trial, the jury awarded $7 million for physical pain and mental anguish, $5 million for future mental anguish and $8 million for conduct forbidden by the Texas Deceptive Trade Practices Act.

The verdict comes one day before the three-year anniversary of the attack. “She wanted the apartment complex to change their notification policy,” Chandler said. “Her goal is to make sure that another person does not suffer and she wanted a jury to acknowledge what (apartment officials) did was wrong.” Chandler said he expects the defendant to appeal the verdict. Neither lawyers representing the apartment company nor a spokesperson for the Thompson Coe law firm could be reached for comment late Wednesday. Police, on notice about a possible serial rapist, arrested Darryl Anthony Martin shortly after the woman’s attacker fled and she called 911. Martin, now 24, pleaded guilty to sexual assault in 2010 and was sentenced to 20 years in state prison.

February 10, 2012 Attorney Kevin Madison Comments Off on Justice for crime victims IN THE UNITED STATES: CIVIL TORT CLAIMS FOR SEXUAL ASSAULT AND SEXUAL EXPLOITATION ©- Part 3

Justice for crime victims IN THE UNITED STATES: CIVIL TORT CLAIMS FOR SEXUAL ASSAULT AND SEXUAL EXPLOITATION ©- Part 3

Justice for crime victims IN THE UNITED STATES: CIVIL TORT CLAIMS FOR SEXUAL ASSAULT AND SEXUAL EXPLOITATION ©- Part 3

             A civil judgment obtained against a sexual or physical predator who “willfully and maliciously” assaults another cannot be discharged by the defendant if he files for federal bankruptcy court protection, like other debts can. This federal bankruptcy law applies to all bankruptcy courts throughout the United States. If a crime victim is able to obtain a civil judgment against a criminal predator for physical assault, or sexual assault, sexual exploitation, or sexual harassment, and there is a court finding that the acts were intentional and malicious, that judgment cannot be discharged or dissolved by a bankruptcy court.

Kevin Madison is an Austin-based attorney with over 29 years litigation experience and 25 years of experience as a judge. He is also a trained Sexual Assault Crime Victim Advocate.  He was the first attorney in Austin to file a civil lawsuit against a rapist and obtained a $1.5 million judgment in 1987. His experience and training as a police officer, police chief, prosecutor and EMT set him apart from most other personal injury attorneys as an advocate for victim rights in the civil justice system. To learn more about Kevin Madison or civil remedies available to victims of sexual assault, visit www.KevinMadison.com or call (512) 708-1650.

 

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