129 S. Eighth, P.O. Box 380
Salina, Kansas 67402-0380

(785) 823-6325

Clark, Mize & Linville Named a Tier 1 Law Firm by U.S. News and Best Lawyers®

Nov 01

Clark, Mize & Linville, Chartered, is again pleased to announce that it has been named a Tier 1 law firm, the highest ranking level, for the Salina/Wichita Metropolitan regions in the 2018 Edition of the U.S. News – Best Lawyers® “Best Law Firms.” Firms included in the 2018 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.

The firm’s Tier 1 rankings are in the areas of Health Care Law and Trusts & Estates Law. In addition, the firm received a Tier 2 ranking in the practice areas of Medical Malpractice Law – Defendants, Insurance Law, Non-Profit/Charities Law and Tax Law, and a Tier 3 ranking in Business Organizations (including LLC’s and Partnerships), Employee Benefits (ERISA) Law and Personal Injury Litigation – Defendants.

Receiving a tier designation reflects the high level of respect a firm has earned among other leading lawyers and clients in the same communities and the same practice areas for their abilities, their professionalism and their integrity.  The U.S. News – Best Lawyers® “Best Law Firms” rankings 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 law firms as part of the formal submission process.

How Do You Pay for Long-Term Care?

Sep 28

We are all likely to need some type of long-term care services during our lifetimes. With proper planning, the lawyers at Clark, Mize & Linville, Chartered, in Salina, Kansas, can help you utilize strategies such as irrevocable trusts, gifting, converting countable assets into exempt assets, permissible spend downs, and purchasing annuities to posture your assets in a way that protects them from nursing home costs.

“Long-term care” refers to medical and social services designed to support the needs of people living with a prolonged illness, disability, or cognitive impairment that affects their ability to live independently and perform everyday activities. Furthermore, traditional long-term care services include medical treatment, social services, and housing.

The costs of long-term care are staggering, and the number of elders needing long-term care is on the rise. By 2050, the number of individuals using long-term care services will likely double. Estimated from 13 million in 2000 to 27 million people. The average cost of nursing home care in Kansas is $165 per day. Not all individuals can afford to pay their long-term care costs for prolonged periods of time. Privately paying for your care requires spending your assets, such as savings and retirement, to pay the nursing home or in-home caregiver each month. At the rate of $60,225 per year, your assets can be quickly depleted.

 

What options are available to help pay for long-term care costs?

Medicare:

Firstly, most seniors have Medicare as their primary payer of health care costs, but Medicare does not pay for prolonged stays in a nursing home. At a maximum, and only after verifying strict requirements, Medicare may pay up to 100 days in a nursing home.

Insurance:

In addition, another possible payment source is long-term care insurance. There are many insurance products available, including hybrid life insurance policies with a long-term care rider. Unlike traditional long-term care policies where if you do not use the policy you lose the benefit, hybrid policies guarantee a death benefit if you do not use the long-term care feature during your life. It is important to evaluate long-term care insurance early, and it usually isn’t an option for those facing an immediate health crisis.

Medicaid:

The last payment option is Medicaid, which is the most significant source of financial assistance for eligible recipients. However, Medicaid has complicated income and asset rules that make qualification difficult. Currently, an individual can have only $2,000 of “countable” assets to qualify for Medicaid in Kansas.

Written by: Jessica L. Stoppel

Related Practice Area: Elder Law

Congratulations to Five CML Attorneys for Selection as Best Lawyers®

Aug 15

Five Selected for Inclusion in The Best Lawyers in America©

Clark, Mize & Linville, Chartered, 129 S. 8th Street, Salina, is pleased to announce that five of its attorneys have been selected for inclusion in the 2018 Edition of The Best Lawyers in America©.  Inclusion in The Best Lawyers in America© is based entirely on peer review and recommendations of lawyers with experience working in the same practice areas as those receiving recognition.

Peter L. Peterson has been included since the publication’s inception in 1983 and currently is listed in the practice areas of Trusts and Estates, Non-Profit/Charities Law, Tax Law, and Employee Benefits (ERISA) Law.  Previously, Mr. Peterson was selected as the 2013 Best Lawyers in America Lawyer of the Year in the Wichita/Salina Area for the practice area of Trusts and Estates.

John W. Mize has been listed since 1995 in the practice area of Health Care Law. Mr. Mize has also been selected as the 2018 Best Lawyers in America Lawyer of the Year in the Wichita/Salina Area for the practice area of Health Care Law.

Eric N. Anderson has been listed since 2013 in the practice areas of Business Organizations (including LLCs and Partnerships) and Trusts and Estates.

Dustin J. Denning has been listed in the practice areas of Medical Malpractice – Defendants and Personal Injury Litigation – Defendants.

Peter S. Johnston has been listed in the practice areas of Medical Malpractice – Defendants, Personal Injury Litigation – Defendants, and Insurance Law.

Defense Verdict Obtained in Stroke Case

Jun 25

Dustin J. Denning successfully defended our client, an Advanced Registered Nurse Practitioner (“APRN”), in a jury trial in which the patient, who was also an employee at the APRN’s clinic, alleged that the APRN was negligent in failing to assess and diagnose the patient, or immediately refer the patient to the Emergency Room, when she was allegedly suffering from acute stroke-like symptoms. The patient and her attorney argued that failing to do so deprived the patient of the opportunity to receive the clot-busting drug, Tissue Plasminogen Activator (TPA). As a result, she suffered severe and permanent physical impairment to the left side of her body. The patient sought over $650,000.00 at trial.

We successfully established through several medical records and witness testimony that the patient’s stroke symptoms began at least 2 days before the alleged reported onset of symptoms. Because of that, it caused the patient to be beyond the 3 to 4 ½ hour window for the safe administration of TPA. The patient also failed to follow up with the various imaging recommendations offered to her by the APRN. The patient’s prior neurological problems from cervical spine disc disease was also a significant complicating factor in diagnosing the patient. We offered expert testimony from a neurologist, an APRN and a neuroradiologist. Relying on parenchymal enhancement on a subsequent MRI of the brain, our neuroradiology expert opined that the stroke indeed started at least 2 days before the alleged onset date of symptoms.

After a five day jury trial, the Cloud County, Kansas, jury returned a verdict in favor of our client after deliberating about 40 minutes.

Clark, Mize & Linville Announces New Shareholder

Jan 31

Clark, Mize & Linville, Chartered, is pleased to announce that Jacob E. Peterson has become a shareholder in the firm.

Jake concentrates his practice in the areas of litigation and healthcare law. His litigation work includes medical malpractice defense, general insurance defense, and criminal prosecution as a special prosecutor for the City of Salina. Jake also advises clients on a variety of matters including physician contracts, healthcare privacy, and premises liability. He is a native of Lindsborg and graduated from Washington University School of Law in St. Louis with distinction in 2012. He earned his undergraduate degree in physics with highest distinction from Washburn University in Topeka.

Jake serves as Chairman of the Salina/Saline County Crimestoppers, and is also a member of the Board of Directors of Salina Childcare Association, the Kansas Association of Defense Counsel, the Kansas Bar Association’s Young Lawyers Section, and the Saline-Ottawa County Bar Association. Jake is a member of the American Health Lawyers Association. He and his wife, Leah, have a 16-month-old son, August, and are expecting a second child in May.

Defense Verdict Obtained in Medical Malpractice Case

Oct 26

Peter S. Johnston and Jacob E. Peterson of Clark, Mize & Linville, Chartered recently obtained a defense verdict from a jury on behalf of our client, a urologist, in a medical malpractice case in which the plaintiff alleged that the physician misdiagnosed and mistreated a renal abscess.  The plaintiff presented expert testimony from physicians from northern California and Pittsburgh. They asked the jury to award more than $2.4 million in damages.  Following a seven-day trial and after deliberating nearly five hours, the jury returned a verdict in favor of our client.

Two New Attorneys Join CML, Expanding its Estate and Business Law Practice

Aug 16

The Law firm of Clark, Mize & Linville, Chtd., is pleased to announce that Jessica L. Stoppel recently joined the firm as a lateral associate practicing primarily in the areas of estate planning and business law.  The firm also recently hired new associate Jeffrey A. Norris who will practice in the areas of estate planning, probate and trust administration, business planning, real estate and employment law.

Originally from Gorham, Kansas, Jessica received her Bachelor of Science degree from Kansas State University and her Juris Doctorate from the University of Denver Sturm College of Law.  Before joining the firm, Jessica was in private practice with an estate planning law firm in Dodge City, Kansas for the past three years.

Jessica and her husband, Blake Stoppel, reside in Salina with their two dogs, Bella and Mack.

A Salina native, Jeffrey A. Norris received his Bachelor of Science degree (summa cum laude) and Master of Arts degree from Kansas State University. His Juris Doctorate (cum laude) was received from Washburn University School of Law.  Prior to going to law school and joining the firm, Jeff worked in NCAA Compliance for K-State Athletics.

Jeff and his wife, Laine Norris, reside in Salina.

Congratulations to Four CML Attorneys for Selection as Best Lawyers®

Aug 16

Clark, Mize & Linville, Chartered, 129 S. 8th Street, Salina, is once again pleased to announce that four of its attorneys have been selected for inclusion in the 23rd edition of The Best Lawyers in America©.  Inclusion in The Best Lawyers in America© is based on the ratings and recommendations of lawyers with experience working in the same practice areas as those receiving recognition.

Peter L. Peterson has been included since the publication’s inception in 1983 and currently is listed in the practice areas of Trusts and Estates, Non-Profit/Charities Law, Tax Law, and Employee Benefits (ERISA) Law.  Previously, Mr. Peterson was selected as the 2013 Best Lawyers in America Lawyer of the Year in the Wichita/Salina Area for the practice area of Trusts and Estates.

John W. Mize has been listed since 1995 in the practice area of Health Care Law. Previously, Mr. Mize was selected as the 2011 Best Lawyers in America Lawyer of the Year in the Wichita/Salina Area for the practice area of Health Care Law.

Eric N. Anderson has been listed in the practice areas of Business Organizations (including LLCs and Partnerships) and Trusts and Estates.

Peter S. Johnston has been listed in the practice areas of Medical Malpractice – Defendants, Personal Injury Litigation – Defendants, and Insurance Law.

Supreme Court Appoints Peter Johnston to Kansas Board of Law Examiners

Jun 22

The Kansas Supreme Court has appointed Peter S. Johnston of the firm to the Kansas Board of Law Examiners for a five-year term that starts July 1, 2016.

The 10-member Kansas Board of Law Examiners is composed of both judges and lawyers. It manages and grades a twice-yearly bar examination and conducts hearings on applicants’ character as well as fitness to practice law. It also makes recommendations to the Supreme Court on policies and procedures related to bar admission.

 

Four Selected for Inclusion in The Best Lawyers in America©

Dec 19

Clark, Mize & Linville, Chartered, 129 S. 8th Street, Salina, is pleased to announce that four of its attorneys have been selected for inclusion in the 22nd edition of The Best Lawyers in America©.  Inclusion in The Best Lawyers in America© is based on the ratings and recommendations of lawyers with experience working in the same practice areas as those receiving recognition.

Peter L. Peterson has been included since the publication’s inception in 1983 and currently is listed in the practice areas of Trusts and Estates, Non-Profit/Charities Law, Tax Law, and Employee Benefits (ERISA) Law.  Previously, Mr. Peterson was selected as the 2013 Best Lawyers in America Lawyer of the Year in the Wichita/Salina Area. He was selected for his work in the practice area of Trusts and Estates.

John W. Mize has been listed since 1995 in the practice area of Health Care Law. Previously, Mr. Mize was selected as the 2011 Best Lawyers in America Lawyer of the Year in the Wichita/Salina Area for the practice area of Health Care Law.

Eric N. Anderson has been listed in the practice areas of Business Organizations (including LLCs and Partnerships) and Trusts and Estates.

Peter S. Johnston has been listed in the practice areas of Medical Malpractice – Defendants, Personal Injury Litigation – Defendants, and Insurance Law.