Category Archives: Law Firm

Russell Jones and Walker report NHS patient left scarred after incorrect diagnosis

Russell, Jones and Walker, a leading UK firm of solicitors, has reported that a mother of two, who was left with multiple scars following surgery after being incorrectly diagnosed with skin cancer, has been awarded £15,000 in compensation.

Kate Andreou, 28 from Harlow in Essex, was referred to the Democracy Department of Princess Alexandra Hospital NHS Trust after expressing concerns regarding a mole on her shin. Following an examination the mole was duly removed for further investigation on the advice of her doctor.

Following the removal and examination of the mole, Mrs Andreou was diagnosed with Malignant Melanoma in July 2007 and was subsequently referred to the Department of Plastic Surgery at Mid-Essex Hospital NHS Trust. Mrs Andreou was advised to have a further six moles removed from her leg, chest, arm and back – surgery she was told was necessary. She underwent the operation in September 2007.

The news of the diagnosis came as a double blow to Mrs Andreou who had just been informed that her grandmother was terminally ill with cancer. Believing that she had skin cancer, Mrs Andreou went through the trauma of informing her family of the diagnosis and advised them that they too would need to be checked for cancer. However, it later emerged that the diagnosis was incorrect and that her pathology report was not finalised and subject to further review from Guys and St Thomas’ Hospital.

James Bell, solicitor from Russell, Jones and Walker said: “Had Mrs Andreou known that her pathology slide was under review, she would not have proceeded with the excision of the six other moles until a definite diagnosis of Malignant Melanoma.

“The incorrect diagnosis of the mole as a melanoma represents an unacceptable error which breached the duty of care to Mrs Andreou.

“Not only has Mrs Andreou experienced entirely unacceptable treatment from the NHS, but her entire extended family has also undergone unnecessary trauma after being advised to be tested for skin cancer.”

Mrs Anreou said: “The past year has been very difficult for me, my children and the rest of my family. Not only were we all going through tough times with my terminally ill grandmother, but we then had to face up to the fact that I too had cancer and would require treatment.

“The surgery that I had to remove seven moles left me with red scars, making me very self conscious about exposing my arms and legs. The scars have now faded but the whole experience will stay with me for a very long time.”

About Russell Jones & Walker:
Russell, Jones & Walker employs over 360 staff (over 160 lawyers) and is renowned as the leading national firm of solicitors in protecting the rights and legal interest of individuals and those who represent them. RJ&W has a network of regional offices and includes those in the following centres: London, Birmingham, Bristol, Wakefield, Manchester, Newcastle, Sheffield, Cardiff and Edinburgh.

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Field Fisher Waterhouse Wins Substantial Compensation For Premature Girl Left With Brain Damage Following Dextrose Overdose

Law firm, Field Fisher Waterhouse LLP has won substantial compensation for Romy Smith, a seven year old girl who was given an excessive dose of dextrose shortly after birth and suffered severe and permanent brain damage as a result. Romy will receive damages that could add up to more than £10 million over her lifetime.

Romy Smith was born prematurely at 29 weeks in 2001 at the Ipswich General Hospital and was transferred to the Lister Hospital in Stevenage, where she was given a “grossly excessive dose” of the sugar dextrose. This resulted in perfusion brain injury, which caused severe learning difficulties and autism. Romy’s communication and social skills are very limited, she needs constant care and will remain totally dependent on carers for the rest of her life.

Romy, however, has a special talent for music, which is her primary means of enjoyment. In addition to her care, the payment will also cover the cost of music therapy.

The East and North Herfordshire NHS Trust, which had previously admitted liability, will pay Romy an initial sum of £2.36 million and a series of index-linked “periodical payments” to cover Romy’s lifetime care expenses.

Paul McNeil, clinical negligence partner at Field Fisher Waterhouse, was instructed by Romy’s mother to represent her in the claim.

After the case, Romy’s parents, Sally and Tim Smith said: “We are absolutely delighted at the settlement that Paul McNeil has secured for our daughter. Throughout the whole time that Paul has worked with us, we have found him to be very caring, extremely skilled and highly organised. He has kept our family’s best interests at heart at all times and has always answered any concerns we may have had calmly, quickly and efficiently. We are enormously grateful to him for the way in which he conducted our case and we cannot praise him enough. We would not hesitate in recommending him to anyone.”

Paul McNeil, clinical negligence partner at Field Fisher Waterhouse said: “Although nothing can be done to undo the mistake made in the special care baby unit, there is a lot that can be done to maximise Romy’s potential. The payments guaranteed to Romy will ensure her needs are covered for life. Those close to Romy were delighted that the judge supported the need to have access to music therapy.”

Claim number HQ06X01206

About Field Fisher Waterhouse

Field Fisher Waterhouse LLP is a full-service European law firm with offices in Brussels, Hamburg and London. With 119 partners, over 200 other lawyers and nearly 300 support staff, FFW assist a wide range of international clients, advising across a full range of legal issues.

The main areas of practice are corporate and commercial, IP and technology, banking and finance, regulatory and real estate. Field Fisher Waterhouse LLP also have particular expertise in competition & EU law, dispute resolution, employment, asbestos claims,personal injury, brain damage cases, clinical negligence, public sector and tax.

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Jim Adler, An ATV Injury Lawyer Whose Warning Exposes The Hidden Dangers Of ATVs, Especially The Yamaha Rhino

“If you hand people a gun that shoots backwards, don’t act shocked at what happens.”

That’s ATV injury lawyer Jim Adler talking about ATV manufacturers and their deceptive advertising. The advertising says that ATVs are a great way to have fun. But this personal injury attorney is hearing from people all over the United States who have been seriously injured in ATV accidents.

2008 case files at the Adler law firm reveal the grim reality that manufacturers don’t talk about: The ATV can cause life-altering accidents at low speeds with no warning, especially in the Yamaha Rhino.

• A Florida woman began having severe headaches two months after an accident in a Yamaha Rhino. An MRI showed a skull fracture and scar fragments sticking into her brain. The Yamaha Rhino passenger had two brain surgeries.

• An Arizona honor student was taken by life-flight to a hospital with a broken right leg, a fractured neck, broken ribs, a broken collarbone and punctured lungs. He has dropped out of school due to brain damage from bleeding in the brain.

Callers from 18 states this year have been telling Adler similar tales. Some injuries aren’t life threatening: a broken foot or leg. But all needed a doctor’s attention. Many required hospitalization. Some have permanent disabilities. And one died from head injuries.

What makes the ATV, particularly the Yamaha Rhino, so dangerous? Its design flaws and lack of safety equipment. ATVs have a narrow wheelbase and high center of gravity. That makes them “tippy.” The two-seater Yamaha Rhino lacks doors, safety handles and other safety equipment. It is particularly dangerous since it is larger and heavier than most ATVs.

Victims of ATV accidents report rollovers at low speeds – at two to three miles per hour one client said – when they tried to make a turn. Some ATVs have flipped suddenly, landing on arms and legs, crushing them. Videos show ATVs jerking and bouncing over sand dunes and on back trails heading to hunting cabins, deer stands and duck blinds. YouTube is full of daredevil stunts on ATVs in contests and exhibitions. Sales of the recreational sports vehicles are a fast growing-component of the automotive market. That worries Yamaha rhino injury attorney Jim Adler.

“The rates of death and injury to kids in ATVs would knock your socks off and the companies that make ATVs know it,” Adler says.

In 2005, an emergency room doctor with the American Academy of Pediatrics called ATVs the “perfect recipe for tragedy” given their unstable design. “Safe Kids Worldwide, the American Academy of Pediatrics, the U.S. Consumer Product Safety Commission, and the Consumer Federation of America, have been calling for a ban on kids under 16 in ATVs since 1987 because they know how deadly they are.”

An ATV crash is “…12 times as likely to kill a child as an accident with a bicycle,” according to Safe Kids. Adler is a member of several Safe Kids coalitions in large U.S. cities. The coalitions work to reduce preventable accidents – the number one killer of children 14 and under.

The deadly design of the early ATVs prompted the Justice Department to file suit against the manufacturers, claiming that they violated the Consumer Product Safety Act. In 1987, major ATV manufacturers and the U.S. Consumer Product Safety Commission approved a 10-year Consent Decree, which among several provisions agreed to stop making the deadly three-wheeled ATV. Makers began manufacturing ATVs with four wheels but many three-wheelers remain in use.

The Wall Street Journal slammed the ATV industry in an article in February 2004, pointing out federal statistics showing that in 2002 more than 110,000 ATV riders were injured seriously enough to require emergency department treatment and that one-third of these were under the age of 16. In 2007, this number has increased to over 150,000 with 27% occurring in children.

About the Company:
Jim Adler is a lawyer with 30 years experience in all types of personal injury cases. He is also a TV and radio personality who has served the public for 25 years on TV and radio talk shows, in newspaper interviews and on civic group panels discussing the legal rights of accident victims. His law firm, Jim S. Adler & Associates represents the seriously and catastrophically injured in Texas and other states.

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Quadriplegic Man Awarded $10 Million in Bad Faith Case

In January 2002, Atlantic Mutual had a chance to settle a quadriplegic personal injury case for $1 million but chose to “roll the dice.” The jury awarded a $16 million verdict and the injured party sued for bad faith. Today, a LA jury found that Atlantic committed bad faith.

A Los Angeles jury today awarded a quadriplegic man $10 million in a bad faith case against Atlantic Mutual Insurance Company. The jury found that Atlantic Mutual acted despicably and with malice and oppression in wrongfully refusing to settle his personal injury case in 2002. Lawyers return tomorrow to deliver closing arguments in the second phase of the trial to determine whether plaintiff is entitled to $5 million in attorneys’ fees.

More on www.smithchapman.com

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Schillings to discuss privacy and reputation management issues at Legal Weeks Private Client Forum

Schillings, one of Britain’s top law firms dedicated to safeguarding the privacy and reputations of international corporates, brands, celebrities and high-profile business people, will be represented by senior partner Keith Schilling at Legal Week’s Private Client Forum. The main theme will be “Assessing Risk in a Volatile World”, which will be looking at changes the international wealth market has faced in 2008 and the new risks brought about in an ever increasingly volatile market.

Keith Schilling, senior partner at Schillings, will participate in a panel discussion on the topics of privacy, reputation management and human rights and will discuss, along with fellow panelists, how the world’s high-net worth individuals are in a constant battle with the media to protect their own privacy and reputations.

The conference will examine the major issues that have arisen following the advent of the credit crunch and the economic strain currently being suffered on a global scale. Increased pressure from regulatory authorities in Europe and the US government also spell uncertain times for the world’s financial safe havens.

These developments and more will provide the basis for a three day programme for the world’s leading private client lawyers.

The first day of the conference will offer a view of the impact of the credit crunch and how the shift of wealth globally has brought about new risks in wealth management.

The second day will feature a Q & A style debate on the future of international financial centers and a discussion assessing the effects of new US exit tax laws which will form a wider discussion on the reach of exit, gift and inheritance taxes globally.

The third day will see Keith Schilling, recently voted one of the 1000 most influential people in London, join a European panel discussion on privacy and reputations. His fellow panelists include Basile Ader from the French law firm Ader, Amigues et Jolibois; Professor Dr. Matthias Prinz from the German law firm Prinz Neidhardt Engelschall and Jennifer McDermott from Withers in the UK. The panel will outline the differences in privacy laws across a number of jurisdictions and the steps to take to avoid unwanted media attention and what to do if it arises.

Keith Schilling said about the conference, “At this time of volatile market conditions, the threat of a global recession and fears about the security of individuals’ wealth, the media are increasingly focusing on the private wealth of high-profile people. We are seeing a trend in the media towards ‘money being the new celebrity’ and we are working with our high-net worth clients to advise them how to protect their reputations and manage their own and their families private lives. This conference is on at a time of unprecedented financial turmoil and proves just how important an issue it is.”

About Schillings:
Schillings is one of Britain’s top law firms dedicated to safeguarding the reputations of international corporations, brands, celebrities and high-profile business people. The firm’s track-record in defamation, privacy and copyright cases, as well as
dispute resolution is second to none.

Defamation, privacy and copyright are at the heart of the firm’s work, prompting The Independent newspaper to call Schillings a “spectacularly efficient media law firm.”

The firm uses the law to protect the reputations, privacy and confidentiality of clients by helping them and their PR advisers to manage what is published and broadcast about them. It is their ability to adapt to the threats posed by the ever changing media landscape which keeps them at the forefront of this specialist area.

Schillings clients include supermodel Naomi Campbell, actress Nicole Kidman, seven times Tour de France winner Lance Armstrong, Harry Potter author JK Rowling, pharmaceuticals maker GlaxoSmithKline, leading investment bank Kaupthing, steel maker Arcelor Mittal, the Harrods Group and the London Stock Exchange.

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Schillings Image Rights Specialist Simon Smith Is Set To Release A New Book – The 2nd Edition Of Image, Persona And The Law

Schillings partner Simon Smith is set to release the latest edition of “Image, Persona and the Law” this winter, with the book providing a comprehensive analysis of the current state of the law in England and Wales regarding the protection of name, image and other aspects of persona.

The second edition of the book will also go into detail on both the specific context of commercial exploitation without the individual’s consent and in the separate context of invasion of privacy. The book also presents a detailed analysis of the numerous developments which have occurred in relation to the right to privacy in the UK.

Using the knowledge and experience gained as a litigator specialising in protecting and restoring the reputations of high profile individuals, entrepreneurs and corporate organisations, Simon Smith’s book will assist entertainment and media lawyers in the UK and US who represent celebrities and other personalities in the media, enabling them to advise their clients on their right to privacy and the right to publicity in the UK.

The book has a number of key features that will benefit entertainment lawyers looking into the areas of reputation management and discusses the numerous significant decisions which have occurred since the previous edition of the book was released in 2001 as well as examining the leading privacy decisions which have been brought, together with an analysis of the Data Protection Act 1998, including the Douglas-Zeta Jones and Murray (JK Rowling’s son) decisions, the later being brought to action by Schillings recently.

Simon Smith is a Partner at Schillings and specialises in defamation, privacy, image endorsement, confidence and contracts. Considered to be one of the best in the area according to the Chambers and Partners directory, he has pursued many successful High Court libel cases for Hollywood’s ‘A’-List stars on high profile libel actions brought in England.

He is regularly asked to comment on live TV and radio and writes in the national press and legal reviews on media related matters in addition to speaking at international legal conferences and in Parliament on media issues. He is also a member of a specialist global group of leaders in their field investigating and researching image rights.

About Schillings :
Schillings is one of Britain’s top law firms dedicated to safeguarding the reputations of international corporations, brands, celebrities and high-profile business people. The firm’s track-record in defamation, privacy and copyright cases is second to none.

Defamation, privacy, copyright and dispute resolution are at the heart of the firm’s work, prompting The Independent newspaper to call Schillings a “spectacularly efficient media law firm.”

The firm uses the law to protect the reputations, privacy and confidentiality of clients by helping them and their PR advisers to manage what is published and broadcast about them. It is their ability to adapt to the threats posed by the ever changing media landscape which keeps them at the forefront of this specialist area.

Schillings clients include supermodel Naomi Campbell, actress Nicole Kidman, seven times Tour de France winner Lance Armstrong, Harry Potter author JK Rowling, pharmaceuticals maker GlaxoSmithKline, leading investment bank Kaupthing, steel maker Arcelor Mittal, the Harrods Group and the London Stock Exchange.

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The bankruptcy laws require the utility company to restore the service of any utility that was terminated prior to the filing

Immediately upon the filing of a bankruptcy petition, no creditor may pursue or commence an action against the debtor (person filing the petition). It’s the law. Therefore, after the filing, a utility company may not terminate the debtor’s service, even though there may be substantial arrears. Also, in the event that the debtor’s service was terminated prior to the filing, the service must be restored, upon notifying the utility provider after the filing. Generally, the provider will restore the service within 24 to 48 hours after the filing.

New Jersey residents can obtain answers to questions regarding foreclosure resolution and bankruptcy laws by visiting http://www.bankruptcylawyer-nj.com

The bankruptcy code states that within 20 days after the filing, the debtor must pay a security deposit to establish a new account. Each utility company may apply a different criteria in determining the deposit amount. The utility companies generally apply the following criteria to determine the amount of the security deposit: 1. average monthly usage for the 12 months prior to the filing; 2. average of the highest two months of usage during the 12 months prior to the filing; 3. twice the average monthly usage for the 12 months prior to the filing.

Is the debtor required to pay the pre-bankruptcy debt owed to the utility provider? If the debtor has filed for chapter 7 bankruptcy protection and meets all of the requirements for a discharge, the debt is eliminated without any payment. After a debtor has established a new account, subsequent to a chapter 7 discharge, the utility company may terminate the service for payment arrears, based on their typical standards.

New Jersey residents can obtain answers to questions regarding foreclosure resolution and bankruptcy laws by visiting http://www.bankruptcylawyer-nj.com

The following pertains to chapter 13 protection. An individual may file a chapter 13 case for numerous reasons that are unrelated to utility issues. A chapter 13 typically requires the debtor to make monthly payments to a trustee (bankruptcy administrator) over a 36 to 60 month period. The trustee payments may be paid to various creditors based on the debtor’s financial position and desires. Utility debt is classified as unsecured. The debtor may be required to pay none, some, or all of their unsecured debt, based on the following factors: personal and household income; personal and household expenses; real and personal property values; amount of arrears on secured debt; and, to some extent, the debtor’s desires. A chapter 13 may permit the debtor to eliminate the entire utility balance, without payment.

Similar to a chapter 7, in the event that a debtor falls behind with the utility payments after the chapter 13 filing and the establishment of a new account, the company may terminate the service, based on their typical standards relating to payment default.

For more information on bankruptcy laws in New Jersey, visit
http://www.bankruptcylawyer-nj.com

Robert Manchel is a New Jersey, Board Certified Consumer Bankruptcy Attorney, whose practice is limited to foreclosure resolution and bankruptcy law. For more information, please contact Mr. Manchel at (856) 797-1500, 1(866) –503-5655 or go to his web site at http://www.bankruptcylawyer-nj.com

Robert Manchel handles cases from the following counties: Cumberland, Atlantic, Salem, Gloucester, Camden, Burlington, Hunterdon, Somerset, Middlesex, Ocean, Mercer, Monmouth, and Philadelphia.

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RJW Has Reported On The Latest Hearing In The Sofa Burns Group Litigation

RJW, a leading national firm of solicitors, has reported on the latest hearing in the ‘sofa burns’ group litigation which took place at the Royal Courts of Justice in London.

So far around 3000 people have been affected by the sofa rash and other allergic skin reactions and burns after purchasing sofas containing the anti-mould agent Dimethyl Fumarate (DMF) and are pursuing claims against Argos, Land of Leather and Walmsley’s Furnishing, as well as a number of other retailers.

It was ruled that further investigation into the medical evidence was necessary and that more clarity over affected sofa models and batch numbers was needed for those seeking sofa rash compensation.

It was also revealed that a major advertising campaign would hit the press and continue throughout October, in order to alert the public to the potential link between skin injury and rashes and affected sofas.

In addition, those who have already brought sofa rash claims through a solicitor should expect to receive a postal questionnaire in the next couple of months which must be returned as soon as possible in order to assess the viability of their claim.

Richard Langton, the RJW partner in charge of the sofa litigation said; “The judge has made it clear he wants all the defendants to clarify their position on accepting liability. We should then be able to make good progress towards settling cases so consumers get proper financial redress as soon as possible. Anyone who thinks they may have been affected needs to join in the proceedings urgently if they want to get the benefit of the group action.”

The next hearing in the case is due to take place in December.

About Russell Jones & Walker
Russell Jones & Walker is a leading national firm of solicitors dedicated to upholding the legal rights of individuals. From the firms foundation in the 1920s the focus has and continues to be, people and those who represent them.

The firm has grown from its trade union roots into a respected national organisation with nine offices across England and Wales, and an associated office in Scotland.

The reputation of Russell Jones & Walker is built on the range of expertise offered by its partners and staff and on the scope of their practical experience.

RJW Solicitors represents clients across a range of areas from personal injury work to commercial and criminal litigation; from employment to defamation and reputation management; and from clinical negligence to family law.

Case Number 604759.2

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Field Fisher Waterhouse Has Recovered Compensation For A 33 Year Old Man In South London Who Was Left With Brain Injuries Following A Serious Fall On A Poorly Maintained Road

Law firm Field Fisher Waterhouse LLP has recovered compensation from Homes for Haringey Ltd on behalf of Kyle Bullock, a 33 year old from South London, who suffered severe brain damage following a serious fall on a poorly maintained road.

It was the Claimant’s case that Kyle was walking with friends in North London one evening in July 2007, when they called for him to catch them up. Kyle then broke into a gentle jog and tripped in a deep pothole in Lightfoot Road. He stumbled and lost balance, falling heavily and rolling down the steep hill striking his head on the edge of a second pothole. It was subsequently apparent that the road was in a poor state with multiple pot holes present.

Kyle was taken to Whittington Hospital and was later transferred to the National Hospital for Neurology and Neurosurgery in London. He suffered severe traumatic brain injury; with damage to the frontal lobes and multiple skull fractures requiring surgery and changes to his personality leading to the breakdown of his relationship and inability to work. Kyle has since been through rehabilitation but still requires help and assistance.

Jill Greenfield, partner in the Personal Injury Group at Field Fisher Waterhouse, represented Kyle and brought a claim against Homes for Haringey Ltd, a subsidiary of Haringey Council, which was set up in 2006 to manage Haringey’s council housing and was responsible for the maintenance of the road. While the Defence admitted the road was poorly maintained, they refused to admit that it was the road surface that caused the accident. A trial was due to take place in November 2008.

After negotiations the organisation accepted the majority of responsibility, 72.5%. Kyle has received an initial £75,000 interim payment but expects to receive a substantial award once the claim has been fully quantified.

Amanda Bailey his litigation friend and ex partner said, “Kyle’s accident left him with serious brain damage and changed our lives forever. This money is there to assist Kyle with his financial and rehabilitation needs. Money can never bring back what he has lost but it will allow Kyle to live as good a life as possible, getting access to therapy in Australia and helping him to build his life.”

Jill Greenfield, personal injury partner at Field Fisher Waterhouse said, “My client was simply returning home after a night out with friends when he fell and suffered brain damage. My initial inspection of this road made it clear to me that it was poorly maintained, with deep potholes. It was our case that a pot hole had caused the fall. The road should never have been left in this state and I felt Kyle had a strong case. The compromise represents the fact that Kyle could be seen to be partially at fault and the fact that the Defence was disputing the fact that the poorly maintained road was the cause of the accident. I am pleased that we have been able to recover compensation for Kyle so that he is able to join his family in Australia and begin to rebuild his life.”

About Field Fisher Waterhouse
Field Fisher Waterhouse LLP is a full-service European law firm with offices in Brussels, Hamburg and London. With 119 partners, over 200 other lawyers and nearly 300 support staff, FFW assist a wide range of international clients, advising across a full range of legal issues.

The main areas of practice are corporate and commercial, IP and technology, banking and finance, regulatory and real estate. Field Fisher Waterhouse LLP also have particular expertise in competition & EU law, dispute resolution, employment, asbestos claims , personal injury cases and clinical negligence, public sector and tax.

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Free Webcast With Question And Answer Period To Focus On Issues Of Aging And How To Plan For It

AARP has joined forces with NAELA (The National Academy of Elder Law Attorneys) to present a free Webcast entitled “AGING IN AMERICA – HOW TO PLAN FOR IT.” Elder Law attorney and NAELA member, Ronald Fatoullah has been selected as one of two elder law attorneys to host the live-streamed discussion which can be viewed at: www.naela.org on October 30, from 1-2PM, ET. All public attendance will be via the Internet.

William Stoner, AARP’s Associate State Director, will moderate the discussion, featuring insights from Ronald Fatoullah of Ronald Fatoullah & Associates, of Long Island and Queens, and Bernard A. Krooks, of Littman Krooks, on what families should do now to prepare for the future. During the program, attendees will have the opportunity to ask questions.

From living quarters to living wills, the three experts will help educate the audience on available options related to senior housing and medical decisions. Other topics might include maintaining a financial legacy for children, and how to talk with aging parents about long-term care options, and key documents to have in place for proper health-care decision making.

To attend the Webinar, visit www.naela.org and click on the “AGING IN AMERICA” webcast registration button. You may also call the offices of Ronald Fatoullah & Associates for further information at 1-877 ELDERLAW. There is no charge to attend but registration is limited.

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