Firm Logo 2010July 2011
Nonprofit Newsletter 
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Article Corner
Court Update
Firm Update
Legislative Update
Nonprofit Resources
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JeffFanger EHC

        Nonprofit Organizations have over the past few years faced harsh realities of compressed budgets, growing demand for services and lackluster philanthropic support.  Many nonprofits have found that their mission has been complicated by the ever increasing legal and fiscal requirements that they have to effectively navigate.  At Fanger & Associates, we have been representing nonprofit organizations since 1992 and understand the unique needs and challenges that face the nonprofit community.  

        We hope that this newsletter's timely, practical and concise information assists you in your mission and with your planning and services.  Whether you are a small nonprofit with no staff and a full volunteer board or a large multi-million dollar organization, the reality of today's environment is that you need information to better respond to the challenges you are facing.  We encourage your comments and input with respect to this newsletter, as we want to provide Ohio's nonprofit community with the information and guidance they need.     

        Please contact us with any questions or suggestions for topics you would like to have us cover in future issues, and be sure to click on the "confirm" link above to ensure you receive future issues.

                                                                         Jeffrey J. Fanger 

Article Corner        LegalnewsPic 

Motivational Articles for Nonprofit Businesses     

 

"Nonprofits Success Requires Ongoing Marketing"

     

        A recent article in Ezine by Wendy Maynard describes important tips for nonprofits including:  how to improve their communication tactics, identifying their target audience, creating a visual identify, using appropriate media, telling the story of their mission, and several other helpful ideas. 

        "In a crowded marketplace of ideas, it is important for non-profit organizations to establish a well-defined niche. While most non-profits are not selling products, they are selling their organization's mission, their ideas, their programs, and their services. In a world where everyone is inundated with information, a strong image is the key to community awareness. Developing and maintaining a visible and credible identity through marketing will increase local support for your organization."

        "Many non-profit organizations believe their programs will sell themselves based on their inherent worth. They operate with the assumption that support and recognition will automatically come to a good cause. Unfortunately, this is a false premise. Even the best of programs will fade into obscurity unless non-profit management intentionally makes other groups, associations, businesses, and individuals aware of their mission and continuously maintains that level of awareness." 

For more tips and full article from Ezine  

Candice BradleyCourt Update
Recent Court Decisions of Interest to Non-Profit Organizations

Ohio Supreme Court: Medical Malpractice 

Loudin v. Radiology & Imaging Services, Inc. (04/20/2011)

          

            After several years of fighting, Lonna Loudin received a victory from the Supreme Court of Ohio on April 20, 2011. The case had originated with her alleging claims of negligent infliction of emotional distress, medical malpractice, respondeat superior, and negligent supervision against Radiology & Imaging Services, Inc.  

            Loudin's ordeal began back in 2004, when she learned that she had a lump in her breast, which was then diagnosed as cancerous. The lump was two centimeters in length, labeled as Stage IIA cancer, and had metastasized, or spread, to surrounding lymph nodes.  Following her diagnosis, Loudin underwent a lumpectomy, hormone therapy, radiation therapy, and eight rounds of chemotherapy. Loudin was surprised by the fact that her lump had grown so large, considering she had maintained annual mammograms from 1997 through 2004 at the Reflections Breast Health Center, which is owned and operated by Radiology & Imaging services, Inc. After further research, it was discovered that her lump had actually been present in the mammogram conducted in 2003, but had been left undetected by her doctor at Reflections. At the time of her mammogram in 2003, the lump was only one centimeter in length.

            Loudin sued Reflections for damages and emotional distress. She then amended her complaint on March 5, 2009, to include allegations that Reflections' negligence had led to the enlargement of her tumor, metastasis to her lymph nodes, and emotional stress from fear and worry that her chances of recurrent cancer were increased.  Testimony from radiologist, Jules Sumkin, stated "the failure to detect her cancer in 2003 was a deviation from the standard of care and Loudin's tumor had increased from one centimeter to two centimeters from 2003 to 2004." Additional doctors testified that Loudin's cancer would not have spread to the lymph nodes yet in 2003, and therefore would have been characterized as Stage I cancer if it had been accurately detected at that time. The doctors also indicated that Loudin's treatment plan would have been less intensive and she would not have had to complete chemotherapy. The Summit County Court of Common Pleas granted summary judgment in favor of Reflections as they ruled, "growth and metastasis of cancer are not compensable physical injuries in Ohio".

            The battle continued as Loudin took the case to the Ninth District Court of Appeals. The explanations of several past cases were detrimental in making the court's decision. In Binns v. Fredendall (1987), it was concluded "a negligence claim involving a physical injury invokes the traditional rule of recovery, which consider emotional distress as a part of damages." The court also cited Berdyck v. Shinde (1993), which stated "a medical professional's failure to detect a condition may result in liability if the failure to detect is proven to be a proximate cause of a patient's injury." The court decided in favor of Loudin, reversing the order of the Common Pleas Court and declaring that the growth and metastasis of cancer are physical injuries eligible for compensation and that fear of cancer recurrence did qualify as emotional injuries in which she could seek recovery for.

            On April 20, 2011, the Ohio Supreme Court also ruled in favor of Loudin, thus concurring with the Court of Appeals decision.

Firm Update

What's new at Fanger & Associates LLC 

 

New Promotion on Our Legal Team!

By: Larissa Martin

 

Erin T Pic

Erin Thompkins

        This month we are excited to announce that Erin Thompkins has been promoted to the position of Senior Paralegal.  She will manage our paralegal department as our firm continues to grow and provide ever-expanding resources to our clients.  Ms. Thompkins' hard work and dedication to our firm have earned her this exciting advancement in her legal career.            

         Ms. Thompkins joined Fanger & Associates in 2010 as a legal assistant.  She earned her Associates of Applied Business in Paralegal Studies and graduated Magna Cum Laude from the Academy of Court Reporting in 2010.  Ms. Thompkins is also a Paralegal Associate member of the Ohio State Bar Association.  Growing up she always had a passion for the legal world, but was inspired to become a lawyer after being told by her elementary school principal that she possessed an "innate sense of fairness."

         As Senior Paralegal, Ms. Thompkins' excellent management skills and expertise will assist our firm in providing our clients with the best possible services to suit their legal needs.  

Candice Bradley Legislative Update
Potential Legislation and Recent Changes in Ohio and Federal Law

 
Proposal to Limit Charitable Deductions

       

           A 2012 budget proposal by President Obama is under controversy over  

whether or not it may harm charitable organizations by raising the tax rate on upper-income individuals and families and reducing their income tax deductions for charitable donations.       

Those that feel the proposal would have negative effects suggest that by raising the tax rate on upper-income individuals, it wall cause them to donate between 10 - 19% less to charities and fundraisers than the yearly average.  The Heritage Foundation claims that even a small percentage reduction in charitable giving would mean billions of dollars less each year for charities, especially if the weak economy continues as the President's own economic forecast suggests".  Opposing views of the proposal also feel that it will decrease contributions to hospitals, educational institutions, and nonprofits that help the poor.   

           Supporters of the proposal claim that the wealthy need to bear more of the burden for government social services and that the higher tax rates and lower tax deductions will better help the lower and middle classes to recover in the long run.  The Center on Philanthropy at Indiana University has concluded that "limiting the deductions and increasing the top income tax rate, as Obama wants to do, would lower charitable giving only a little bit."  Patrick M. Rooney, interim executive director of the Center on Philanthropy states "changes in personal income and wealth, both of which have declined in the past year, have a greater impact on charitable giving than do tax rate changes."  President Obama explains that he continues to encourage charitable donations to organizations and that the donators will still receive a great deduction for their generosity.  

           To gain more knowledge about the issue and review articles both supporting and opposing the proposal, please click on the links below.

 

 The Slate  

 

The Heritage Foundation  

Women and Computer Nonprofit Resources
Spotlighting Internet Resources for Nonprofits

                           LINC OHIO

Legal Information for Nonprofit Corporations 

www.lincohio.org 

  

What:  The website is for anyone thinking of starting a nonprofit organization and assistance for existing nonprofits to help them accomplish their goals.  

Mission:  To help support new and existing nonprofit organizations with their legal & management needs.

Services:  Provides over 2,500 Internet resources to help nonprofit organizations to either get started and/or to continue to grow effectively.  

Check It Out:  Resource Center - includes:  advocacy & lobbying, background information & portals, faith-based initiatives, federal and state regulations, grants, IRS and nonprofits, nonprofit leadership, nonprofit & technology, Office of Management and Budget, publications, starting a nonprofit, taxes, three-sector partnerships, U.S. Post Office - nonprofit information, volunteerism.     

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The opinions and views expressed in this newsletter are solely those of the author of the article and/or Fanger & Associates LLC. Articles appearing in this newsletter are intended to provide broad, general information about the law. This newsletter is sent to clients and friends of Fanger & Associates LLC, as well as Ohio businesses and Ohio nonprofit corporations as identified through their registration with the Ohio Secretary of State, including organizations with which Fanger & Associates LLC has no prior contact. Before applying this information to any specific legal problem, readers are urged to seek advice from an attorney. If you have any questions regarding any topic in this publication and you already have a lawyer, please contact your lawyer. If you do not already have counsel, please feel free to contact Fanger & Associates LLC and we will be happy to assist you.
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