Legal Medicine

UNDERSTAFFED NURSING HOMES

2009-11-27T03:31:00.002-05:00

Many nursing homes are focused on one thing...no, not providing good quality health care but their focus in on PROFIT. Profit above all else.

What do nursing homes do to increase profits? They reduce the size and training level of staff. Instead of 15 nurses taking care of 50 residents they will "save" some money (and increase profits) by using 10 nurses to care for 50 residents. Instead of having 3 registered nurses working each shift, they will have one registered nurse doing the same work.

What happens to the residents when the nursing home doesn't have enough well-trained nurses to care for them? Bad things...really bad things like those described in this article on understaffing.

ALARMS IN NURSING HOMES DO NOT WORK IF THERE IS NO ONE TO HEAR THEM

2009-11-26T03:22:00.003-05:00

I have heard many a family member say that the nursing home personnel promised dad or mom couldn't get out of bed (or out of the facility) without activating the emergency alarms...only to later find out the nursing home was so understaffed that no one was available to hear the alarm or respond to it.

Here is an interesting, and tragic, story from Minnesota.

It happens everday here in Virginia.

It does not have to happen.

DANVILLE REGIONAL HOSPITAL

2009-11-25T06:27:00.001-05:00

Danville Regional Medical Center (DRMC) was purchased by Nashville, TN based Lifepoint Hospitals, Inc. in 2005….and problems soon followed. The first couple of years brought about a number of changes at the management level, including the departure of four hospital CEOs in just a short time. More importantly for hospital patients, DRMC was Virginia’s only hospital to receive a preliminary withdrawal of accreditation status by the Joint Commission.

Well, lets fast forward to today. How are things at DRMC? Are the wait times in the Emergency Department reasonable? Are patients receiving good nursing care while awaiting or recovering from surgery?

I encourage our many readers from the Martinsville - Danville region to share their experiences and impressions.

PRESSUE ULCERS AND QUALITY OF LIFE

2009-11-24T06:03:00.000-05:00

It never ceases to amaze me when family members are told that there husband, wife, mother, father, etc. have a little "pressure sore" on their backsides or legs/feet and that it is being taken care of with a little cream and a bandage. The description given to the family makes it sound like their loved one is suffering from a mosquito bite! To the contrary, these skin wounds are serious medical problems.

Decubitus Ulcers, Pressure Sores, Bed Sores...whatever you want to call them...are bad, real bad! They are painful, often become infected, and can sometimes lead to death.

Not only are these sores painful...they are embarrassing to the resident. Certain microorganisms are known to produce offensive, odors (e.g., the ripe, fruity, somewhat foul smell of Pseudomonas). An individual with a highly exudating and/or odorous pressure sore may be emotionally or psychologically embarrassed or even devastated by the odor emanating from the wound and use drastic measures to eliminate the odor. Individuals with these sores often make attempts to mask the odor with room deodorizer or cologne and express feeling dirty. Some individuals isolate themselves. In addition, the need for frequent dressing changes, for bulky dressings, or for a vacuum-assisted device to handle the exudate can significantly impact self-image and lifestyle and decrease mobility.

My Take: Most pressure sores and decubitus ulcers can be avoided with regular and consistent repositioning of the resident. These changes in position, along with appropriate nutrition and hydration, will go a long way toward preventing this demeaning, and often life-threatening, condition. Demand that you loved one receive the care they are paying for and to which they are entitled.

FOREIGN BODY = MALPRACTICE

2009-11-23T10:05:00.002-05:00

A foreign body is not a UFO or an illegal immigrant. Legally speaking, a foreign body is something where it doesn't belong.

For example:
- a catheter used to place a stent to your heart, found years later in your lung
- a sponge left in your stomach after surgery that becomes infected
- a needle left in patient's neck after back or spinal surgery causing severe arm and neck pain
- a needle left in a woman's pelvic area after childbirth, found years later

Although surgeons are asked to keep track of all items used during surgery (Surgical Count) foreign bodies are often left after surgery. Metal, sponge and cloth does not do very well in humans and often causes problems including infection and additional injury.

Unlike traditional Medical Malpractice cases, foreign body cases in Virginia must be filed within 1 year of discovery of the foreign body.

That means - you have to consult an attorney and investigate your lawsuit options, as soon as you know about the foreign body and the consequences thereof.

In 2006, a Northern Virginia judge dismissed a case under Virginia statute of limitations because a woman who knew as of the end of February 2003 that a surgical needle had been left in her body after she received an episiotomy during childbirth in 1996, she failed to file her medical malpractice action until March 12, 2004. She was only 1 month past the statute, but the case was dismissed as a matter of law.

Frith Law firm can quickly review and analyze your Foreign body case before the statute of limitations runs.

MULTIPLE FALLS AND SERIOUS INJURIES

2009-11-23T09:26:00.003-05:00

Many nursing home residents are at increased risk for falling due to their medications, muscle weakness, stroke, Alzheimer's Disease, the use of walkers or canes, etc. I just read of a tragic story on this very problem and a nursing homes failure to take appropriate action.

An 82 year old California nursing home resident who was at increased risk for falls suffered two falls within the first couple of months at the facility. On a third occasion, she fell while in the facility's dining room and suffered a punctured lung and several broken ribs. The staff did not call for medical attention and simply placed the resident in bed. The next day the resident's husband came to visit and found his wife unresponsive. She was immediately transferred to a local hospital where she submitted to emergency surgery and incurred $88,000 in medical expenses.

The resident's family filed suit against the nursing home for its negligence in failing to have a Care Plan in place to address the resident's repeated falls as well as for the staff's failure to have the resident examined by a doctor after her last, and most serious, fall. The jury awarded the resident, and her family, substantial damages.

My Take: It is inexcusable (and negligent) for a nursing home not to have a Care Plan in place which reduces the risk of falls in a patient with a known history of falling. It is criminal for a nursing home to fail to provide medical attention after a resident suffers a fall serious enough to fracture ribs and other bones.

READ THE LABEL

2009-11-20T11:00:00.002-05:00

We frequently get calls from people who have experienced medication errors due to pharmacy mistakes.

People may be given their right medication - but wrong dose information.

or

Maybe they received their correct label, but with the wrong medication inside.

or

Maybe they were given someone else's pills and label!

The moral of the story is, pharmacists do make mistakes. They get rushed and don't pay attention to every pill and prescription.

This means that you need to read the label each and every time you pick something up. If however, you have suffered an (1) allergic reaction; (2) took a medication that caused you harm; (3) wrong dose, our firm handles pharmacy medication error cases and we would be happy to speak to you about your potential claim.

Again, it would be better for all of us if mistakes didn't happen, but medication erros can be devastating.

TRACKING TECHNOLOGY AND NURSING HOME PATIENTS

2009-11-18T09:18:00.004-05:00

My local paper (The Roanoke Times) ran an Associated Press article yesterday entitled, "Tracking Technology Applies to Patients." The article discussed the development of radio wave beacons and GPS systems to help families and nursing homes know the whereabouts of patients suffering from Alzheimer's Disease. This is great news for a terrible problem.

The problem is that as many as 60% of Alzheimer's patients will become "wanders." These patients are physically strong and capable enough to walk long distances but are often unable to return to their starting point. In the nursing home industry this is called "elopement," meaning that the resident has left the area of his/her supervision. It could mean the resident has left the building and is now wandering the nursing home grounds, parking lot, or left the area completely and his walking across a busy highway.

We have recently assisted two families whose family member suffered from Alzheimer's Disease and was classified a "wanderer." In both cases, the nursing home promised the family that the staff would closely monitor the resident. Further, both nursing homes told the family that all exterior doors were equipped with alarms and that a bed alarm would be used for added protection.

Guess what? In both cases the resident eloped (unnoticed) from the facility. One was found on the grounds of the nursing home, having fallen, with a bloodied face and broken nose. Unfortunately, the second resident was found, unconscious and face down in the facility's parking lot. The resident had fallen so forcefully that he ruptured a blood vessel in his brain, never recovered, and died 3 days later in a local hospital.

My Take: I am all for improved technology to provide increased safety for the elderly suffering from dementia and Alzheimer's Disease. But, the technology doesn't do the trick if the nursing home staff either chooses not to use the technology and doesn't know how to use it.

RESEARCH YOUR DOCTOR

2009-11-17T10:43:00.002-05:00

I spoke to a lovely woman yesterday about a Medical Malpractice case. Her husband had gone through an unecessary surgery.

While on the phone, I looked up the doctor in local Circuit Court records and learned he had been sued 6 times in the last 5 years.

Now it is the result of those cases that matter - not the fact they were filed. It appeared he had settled 1 case, 3 had been dismissed and the other two were still pending.

Do you want to know if your physician has been sued successfully for Medical Malpractice in Virginia before you let he or she operate / examine / recommend or treat?

You can find out a great deal online. I wrote an article on How to research your Virginia doctor For Free - please read and in the future, do some research.

FAILURE TO DIAGNOSE CANCER

2009-11-16T10:02:00.002-05:00

Cancer is a terrible word, and an awful disease.

Sometimes, Virginians are told by their doctors that they have caught the cancer early and that certain treatments should be considered to slow growth and hopefully, kill the cancer cells.

But sadly, even with today's technology, mistakes are made and cancer is not always caught in time.

We receive calls from Virginians who have been told a physician failed to catch the cancer in time. How is this possible they wonder? Did they not read the PT Scan or the pathology reports?

This week, a Virginia firm got a jury verdict for over $1,000,000 when a 54 year old cancer patient died. The family alleged the Ear Nose and Throat physicians should have suspected cancer and done a very simple in office test to detect whether cancer cells existed. Unfortuanetly, no test was done and by the time the cancer was found, it was already Stage IV and could not be treated a year later.

Delay in treatment can mean the difference in life and death for cancer patients. A month or two may not make the difference, but imagine what 6 months to a year could do for treatment.

Cancer is in and of itself, devastating. If a physician fails to order or appreciate tests reflecting cancer, and your loved one loses precious time for treatment, you may have a malpractice case.

Please call Frith Law Firm today for a free evaluation of your case.

FALLS IN VIRGINIA NURSING HOMES AND HOSPITALS

2009-11-15T13:55:00.004-05:00

How scary. You receive a call from Nurse Ratchet on the 3rd floor of the hospital because your brother fell out of the hospital bed... Or worse, fell in the bathroom and hit his head on the porcelain sink, rendering him unconscious.

Perhaps the Director of Nursing at ABC Nursing Home has been asked to call Mr. Smith's wife because Mr. Smith fell in the hall way of the nursing home fracturing his left hip, or knee, or femur.

A few years ago Dan handled a two cases for the family of an elderly woman in a nursing homes was found by staff unconscious and not breathing after she had attempted to get out of bed and became entangled in her bed rails.

Falls happen in hospitals and nursing homes all the time. Why? There are many reasons.

If your loved one has recently had a stroke, change in medication, broken bone, etc., he or she is a fall risk. This means the staff of the facility needs to evaluate ways to decrease the risk for falls and put various fall precautions in place.

Fall precaution may include colored bracelet so other staff know a resident is a fall risk. One may be lower bed, or pads on the floor next to the bed. Bed alarms and chair alarms can't prevent a fall, but should be used to notify staff that the patient is trying to move alone.

According to Centers for Disease Control, each year, an average nursing home with 100 beds reports 100 to 200 falls.

About 1,800 older adults living in nursing homes die each year from fall-related injuries.

Those who experience non-fatal falls can suffer injuries, have difficulty getting around and have a reduced quality of life.

Falls are serious. We can help families work with facilities to prevent falls, and god forbid one causes injury to your loved ones, we are available to help.

To read Dan's article on the danger of bed rails, or read Lauren's article on restrainst in nursing homes, visit Frith Law Firm's website. We look forward to speaking with you further.

SAVE THE PROFITS FOR AMERICA'S HEALTH CARE INSURERS

2009-11-15T12:04:00.002-05:00

I just wanted to share this short 2 minute video about the health insurance industry...it is especially relevant given the bill now before the US Senate.

Moveon.org hit the nail on the head as far as I am concerned.

See the short video here.

ELOPEMENT

2009-11-13T16:21:00.002-05:00

I have always wondered, is it harder to have your body and not your mind because of dementia, or would it be easier to suffer a broken body (MS, stroke, etc.) and have your cognitive function?

There is no clear answer - both are equally devestating.

Many of Virginia's nursing home residents however, are capable of walking, exercising and maintaining a level of physical activity, but sadly, do not have the cognitive ability to make safe choices.

Often times dementia or Alzheimers Disease will prevent someone from being able to connect to their present - which means behaviors may be inappropriate.

If this is the case, the nursing home should have a way to protect your loved one from eloping from or leaving the safe halls of the nursing home. Further, they should be prevented from having access to dangerous equipment in the nursing home etc.

Sadly however, we read daily where a loved one leaves the nursing home and the staff is completely unaware until something terrible happens.

We have represented families who found loved ones in nursing home parking lots with head wounds, or frozen to death in the woods near the facility.

Talk about negligence. How many nurses does a dementia patient have to pass before he gets to the front door and to the staff parking lot?

The human body will move if it is able (recall the song - "The boots were made for walking" - well, we too were made for walking, but unless the nursing home staff provides a safe place and means of re-direction, elopement can be devestating.

Our firm has successfully handled numerous elopment cases, and we would be honored to help your family too if this awful situation has occurred.

NURSING HOME MISTAKES

2009-11-13T16:06:00.004-05:00

When I was a child, my parents taught me to admit my mistakes, apologize if needed, and learn from my mistakes.

We get calls about a hand full of Virginia nursing homes ALL THE TIME - clearly, the staff and or owners of these for profit facilities have not learned from their mistakes.

This week, I received a call from a woman who learned only after her mother was hospitalized, that she had sustained 27 falls in the nursing home.

We had a case years ago where a local nursing home had failed to treat pressure ulcers in a woman who was a known pressure ulcer risk.

I have also received many calls about loved ones being over medicated by anti-psychotic medication in nursing home facilities. Despite the family demanding the medication be suspended, the elderly resident was continually over medicated.

Sadly, when nursing homes are understaffed and have high turnover, staff does not learn from their mistakes.

Am I making an excuse? No. I am speaking the truth and encouraging families not to tolerate these mistakes.

What do I mean?

If you notice any of the following problems and they are not immediately addressed after you have expressed your concern to the facility, you should walk - find a new facility.

What problems? repeated falls / dehydration / weight loss / choking / elopement attempts / pressure ulcers / etc.

Are they failing to bathe your loved one? Something so basic, and so necessary. This may indicate additional failures.

Please let us know if you need help moving a loved one or if a nursing home mistake has caused your loved one great pain and suffering.

VETERANS DAY IN SALEM VIRGINIA

2009-11-11T08:51:00.003-05:00

Today is Veterans day, so named by President Eisenhower when he renamed Armistice day Veterans Day in 1954.

Sadly, we don't always take great care of our Veterans mental and physical health.

According to National Coalition of Homeless Veterans, on any given day, between 500,000 and 900,000 Veterans of the United States, are homeless.

According to one source, at least 18 Veterans commit suicide every day.

Hundreds of Veterans each year are victims of medical malpractice at the Veterans Hospitals that were designed to provide the best care.

We have written before about our most recent successful Medical Malpractice case against the Veterans Administration. Each case is unique but all fall under Federal Law, the Federal Tort Claims Act. The settlements are not confidential because your tax dollars are paying for the physician's mistakes.

Demand better care for our Veterans. If you have been a victim of malpractice at a Veterans Administration facility, call an attorney right away - under Federal law you must provide very detailed notice of the claim.

Thank you for your service, and god bless all who are willing to serve.

DAILY NEWS - MORE ACCIDENTS

2009-11-10T08:43:00.003-05:00

Our local paper today is reporting pedestrians hit by cars - accidents with trucks on I-81. Serious personal injury can be devestating. One day you are driving to work and the next day an accident has caused so much back pain you can no longer sit at your desk.

One option for people in automobile accidents in Virginia is to work with the insurance companies directly. This may not be a bad plan of action if your injuries have healed and your medical bills easily calculated. But what about serious personal injury where the bills may exceed the insurance policy?

That is when an experienced attorney can help. Truck and car accidents happen all the time near Blacksburg, Roanoke, Botetourt because we are daily on Interstate-81 in Virginia... Our hope and prayer is always for safe travel but one glance at today's paper and you know that does not always happen.

CONGRESS IS BEHAVING BADLY

2009-11-10T06:00:00.000-05:00

Despite passing meaningful health care reform for the first time in decades, many Congressman need a refresher course in manners. The also need to vote in a fashion that is best for their constituents not just there own pocketbook...which in lined with contributions from the insurance industry and the medical industrial complex (hospitals, doctor groups, pharmaceutical companies, HMOs, etc).

Take a quick look at how Congress treated one of its own when Representative Bruce Baley (Democrat from Iowa) took the floor of the House of Representatives to talk about protecting patients from medical negligence. This is outrageous! Just listen to Baley's fellow legislators shout "trial lawyer...trial lawyer" in an attempt to drown out his comments.

Makes me damn proud to be a trial lawyer! Thanks for people like Representative Baley!

MYTHS ABOUT MEDICAL MALPRACTICE

2009-11-09T08:54:00.003-05:00

I'm tired of hearing the falsehoods about how lawyers who represent the victims of medical negligence are running doctors out of business and driving up the costs of health care. It is just not true and I want to share with you some observations about this issue and challenge our readers to dispute any of the points which follow:

Myth #1: There are too many “frivolous” malpractice lawsuits.
Fact: There’s an epidemic of medical negligence, not lawsuits. Only one in eight people injured by medical negligence ever file suit. Civil filings have declined eight percent over the last decade, and are less than one percent of the whole civil docket. A 2006 Harvard study found that 97 percent of claims were meritorious, stating, “portraits of a malpractice system that is stricken with frivolous litigation are overblown.”

Myth #2: Malpractice claims drive up health care costs.
Fact: According to the National Association of Insurance Commissioners, the total spent defending claims and compensating victims of medical negligence was just 0.3% of health care costs, and the Congressional Budget Office and Government Accountability Office have made similar findings.

Myth #3: Doctors are fleeing.
Fact: Then where are they going? According to the American Medical Association’s own data, the number of practicing physicians in the United States has been growing steadily for decades. Not only are there more doctors, but the number of doctors is increasing faster than population growth. Despite the cries of physicians fleeing multiple states, the number of physicians increased in every state, and only four states saw growth slower than population growth; these four states all have medical malpractice caps.

Come on readers....I challenge you to tell me where I'm wrong!

HEALTH INSURANCE REFORM

2009-11-08T11:50:00.002-05:00

I am amazed at how the opponents of health care reform think it is more important to take away existing laws which hold doctors and hospitals responsible for their actions. Why is protecting a system which, by its own estimate kills 98,000 people a year, more important than making sure that all Americans who want health care coverage can get it?

Take a look at some of these true stories of medical negligence.

Could money be the reason?

IS CONGRESS GETTING READY TO MAKE VICTIMS OF MALPRACTICE PAY A SECOND TIME?

2009-11-06T06:00:00.000-05:00

I am talking about insurance companies and the medical industrial complex (hospitals, doctors groups, pharmaceutical companies, etc.) spending the money to persuade Congress to severely limit the rights of victims of medical negligence.

I can't say it any better than my fellow trials lawyers have already stated:

New AAJ Ad Campaign Tells Congress: "Put Patients First"Calls On Congress to Improve Health Care by Reducing 98,000 Annual Deaths from Preventable Medical Errors - Like Two 727s Crashing Every Day for an Entire Year.

The American Association for Justice (AAJ) today launched the first phase of a nationwide ad campaign to educate lawmakers about the epidemic of preventable medical errors and how tort law changes won't lower costs or cover the uninsured. The ads are running in opinion-leading Washington publications and influential online news sites.

According to the Institute of Medicine, 98,000 people are killed annually by preventable medical errors. "That's like two 737s crashing every day for a whole year," says the ad, which will initially run in Beltway publications and web sites nationwide. The ad concludes by posing the rhetorical question, "Would we blame the passengers or the airlines?""Our health care system is clearly broken, and if we are serious about improving it, we need to fix preventable medical errors," said AAJ President Anthony Tarricone. "This new ad campaign gives Congress 98,000 reasons why they should put patients' health first – before the profits of insurance companies.

If we work to improve our health care system and reduce medical errors – rather than strip people of their rights – there would be far fewer victims that need legal recourse.

The Government Accountability Office and Congressional Budget Office have both said taking away patients' rights will not significantly lower health care costs and found no evidence of so-called "defensive medicine." Nonetheless, the insurance industry, political opponents of reform and others members of the health care industrial complex have continued to use patients' rights as bargaining chips during this debate."

Americans deserve health care reform that will actually fix our broken system, not force them to give up their legal rights," said Tarricone. "Let's focus on preventing errors in the first place, not targeting those injured through no fault of their own." AAJ earlier released a primer on the role of medical negligence in the health care debate.

FOR PROFIT NURSING HOME

2009-11-05T10:35:00.004-05:00

I had the following conversation this morning:

Q: "Can they really kick my Mom out of the nursing home when her Medicare runs out?"

A: Under Virginia law, they can kick you out for non-payment yes.

Q: "But doesn't the facility have to care for her?"

A: They are a for profit facility and no, they don't have to keep her there - especially if their staff doctor says she can be discharged.

Q: "But she is on oxygen, can't walk and has dementia."

Bottom Line - For-profit facilities like patients who are private pay and/or Medicare. If your family member can't pay, but doesn't have Medicaid or Medicare coverage yet - they can ask you to leave. Non-payment is a legal reason to remove someone from a facility.

The almighty dollar does dictate health care in Virginia, more than most people would think.

Always look to Non-Profit healthcare FIRST. Want to know what Virginia facilities are non-profit - look here - www.medicare.gov/nhcompare/.

DRUG PUSHER IN BED WITH NURSING HOMES?

2009-11-04T14:17:00.002-05:00

Watch it yourself... And then ask, was your loved one needlessly prescribed medication not needed?

Watch CBS News Videos Online

END OF FRIVOLOUS LAWSUITS

2009-11-04T12:53:00.004-05:00

Last night Virginia elected a new Governor. Bob McDonnell said during his acceptance speech he would put an end to frivolous litigation.

Bob, an attorney, and our past Attorney General in Virginia, should know better.

Fact: There’s an epidemic of medical negligence, not lawsuits. According to the AAJ, only one in eight people injured by medical negligence ever file suit. Civil filings have declined eight percent over the last decade, and are less than one percent of the whole civil docket. A 2006 Harvard study found that 97 percent of claims were meritorious, stating, “portraits of a malpractice system that is stricken with frivolous litigation are overblown.”

Bob, under Virginia law (which you know) you cannot have a Medical Malpractice lawsuit served unless physicians have certified under oath, that someone else was negligent.

This bar prohibits frivolous suits from ever being served as a matter of law. Further, if we don't think you have a very good case, we are not going to spend our money, your money, your time and efforts for naught. Insurance companies don't offer settlements on frivolous suits - and rightfully so.

So here is an idea on how to end frivolous lawsuits and save Virginians money, end medical negligence. That would make you one very popular Govenor!

NURSING HOME CHAIN REPORTS BETTER THAN EXPECTED PROFITS

2009-11-03T15:14:00.003-05:00

I know I sure was worried about the profitability of Kindred Healthcare, one of the largest nursing home chains in America.

Kindred Healthcare posted higher-than-expected profits in the third quarter as increased private hospital admissions boosted income. Net income was $5.5 million. A year earlier the company lost $21.3 million, or 55 cents per share. Analysts had expected about 3 cents per share for the most recent quarter.

My Question: Did Kindred use any of those increased revenues to hire more CNAs to help care for the residents? Did Kindred hire more RNs and wound nurses to treat decubitus ulcers? Did Kindred spend a little more money to improve the quality of the food it provides to its residents? I bet I know the answer....do you?

BEST MALPRACTICE LAWYERS IN ROANOKE

2009-11-03T09:30:00.004-05:00

Although I have known it for years, it is official.

Dan Frith named one of the two best Plaintiff Malpractice Lawyers in Roanoke by Roanoker Magazine Dec. 2009 edition.

Congratulations Boss! A well deserved accolade.

To call one of the Best Malpractice Attorneys in Roanoke and have your case reviewed, call toll free 1-866-985-0098 or locally, 540-985-0098 today.